Julfikkar Tarafdar And ANR. v. State Of West Bengal And ORS.
19.01.2026 Item no.14 Ct. No.15 Suman WPA 26657 of 2025 Julfikkar Tarafdar and Anr.
-vs- The State of West Bengal and Ors.
Mr. Malay Bhattacharyya ...for the petitioners Mr. Saugata Roy ..for the State Mr. Sanjib Bandyopadhyay Mr. Kuntal Banerjee Mr. Saikat Karmakar ..for the respondents The petitioners allege that unauthorised construction is being carried out at the behest of respondent nos. 6 to 9. It is submitted that respondent nos. 6 to 9 are undertaking construction without any sanctioned plan from the Radhamohanpur Gram Panchayat, Bankura, by filling up a parcel of land that is recorded as a pond. Learned counsel appearing for respondent nos. 6 to 9, on the other hand, disputes the classification of the land and submits that the relevant plot is recorded as "Bastu." However, no sanctioned plan has been produced on behalf of respondent nos. 6 to 9 before this Court.
From the photograph annexed to the writ petition, it appears that the writ petition was filed at a
stage when the construction was midway. The petitioners also made a representation before the Pradhan of the Gram Panchayat on October 9, 2025; however, it appears that no steps have been taken by the Gram Panchayat pursuant to such representation.
In view of the aforesaid, the writ petition is disposed of with the following directions:
The Pradhan, Radhamohanpur Gram Panchayat, is directed to issue a stop-work notice to respondent nos. 6 to 9 within a period of 48 hours from the date of communication of this order. The Inspector-in-Charge, Sonamukhi Police Station, shall ensure that no unauthorised construction is carried out on the relevant plot of land without a sanctioned plan from the Panchayat Authority.
The Panchayat Authority shall consider the representation of the petitioners, appearing at page 22 of the writ petition, and shall take necessary steps in accordance with Section 23(5) of the West Bengal Panchayat Act, 1973, if any unauthorised construction is detected, within a period of two weeks from the date of communication of this order. If no unauthorised construction as alleged is found, the Pradhan shall withdraw the stop work notice immediately.
Accordingly, WPA 26657 of 2025 is disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)