Reba Naskar v. State Of West Bengal And ORS.

WPA 27377 of 2025 04-12-2025 AKG Ct. 15 Reba Naskar Vs.

The State of West Bengal & Ors.

Mr. Abhilash Chatterjee ...for the Petitioner Mr. Jahar Lal De, Mr. Shamim ul Bari ...for the State Mr. Souvik Das ...for Respondent No. 7 Mr. Nilanjan Bhattacharjee, Mr. Akash Adak ...for Respondent Nos. 9 to 16 Mr. Shankharit Chakraborty ...for Respondent Nos. 17 & 18 Mr. Sk. Abu Abbasuddin, Mr. Amit Ganguly ...for Respondent No. 19 By an order dated March 10, 2025, the Sub-Divisional Officer, Sadar, Howrah passed an order under Section 23(5) of the West Bengal Panchayat Act, 1973, directing respondent nos. 9 to 17 to demolish the building standing on Plot Nos. 621 and 622, Mouza Jagadishpur, Liluah, Howrah. This was followed by a further order dated March 18, 2025, issued under Section 23(6) of the said Act.

The present writ petition has been filed by one Reba Naskar, who claims to be a co-sharer of the land in question. The petitioner contends that the demolition orders were passed behind her back and that she was not afforded an opportunity of being heard. She therefore seeks a stay of the operation of the orders passed by the Sub-Divisional Officer,

Sadar, Howrah.

Learned counsel appearing for the private respondents disputes the petitioner's claim, submitting that she is not a co-sharer of the property.

In course of hearing of the case, it appears that the petitioner has not constructed any building on the land in question.

This Court is not concerned with questions relating to the right, title, or interest in respect of the land involved. The Court's concern is limited solely to the issue of unauthorised construction standing on the said land.

It is needless to mention that the order passed by the Sub-Divisional Officer, Sadar, Howrah pertains only to the unauthorised construction raised on the land and does not in any manner affect the right, title, or interest of any co-sharer of the property.

In these circumstances, and particularly in view of the admitted position that the petitioner has no construction on the land in question, I find no reason to entertain the writ petition at her instance.

It has, however, been submitted by learned counsel appearing for respondent nos. 9 to 17 that the structure constructed by them has since been demolished by the

Panchayat Authority.

No further observation in this regard is necessary. Accordingly, WPA 27377 of 2025 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)