Abdul Aziz Khan And ANR. v. State Of West Bengal And ORS.

20.01.2026 Sl No.14 Ct. No.15 S.A.

WPA 27197 of 2025 Abdul Aziz Khan & Anr.

-vsState of West Bengal & Ors.

Mr. Ambu Bindu Chakraborty Ms. Mrinmoyee Roy Chowdhury Mr. Sakir Hossain ...for the petitioners Mr. Supratim Dhar Mr. Prabir Kumar Roy ...for the State The petitioners allege unauthorised construction at the behest of respondent no. 6. It is contended that the Pradhan of Pandua Gram Panchayat, respondent no. 3, had repeatedly directed respondent no. 6 to demolish the unauthorised construction. However, respondent no. 6, without complying with such directions, has continued with the unauthorised construction.

This Court is of the view that under Section 23(5) of the West Bengal Panchayat Act, 1973, upon detection of an unauthorised construction, the Pradhan is empowered to refer the matter to the concerned Sub-Divisional Officer for initiation of demolition proceedings.

Accordingly, this writ petition is disposed of with a direction upon the Pradhan, Pandua Gram Panchayat, to refer the alleged unauthorised construction to the Sub-Divisional Officer, Chinsurah,

respondent no. 2, under Section 23(5) of the West Bengal Panchayat Act, 1973, within a period of fortyeight hours from the date of communication of this order.

Upon receipt of such reference, the SubDivisional Officer, Chinsurah, shall initiate proceedings under Section 23(5) of the West Bengal Panchayat Act, 1973 and conclude the same within a period of one month from the date of reference by the Panchayat, in accordance with law.

Accordingly, WPA 27197 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.)