Ramesh Mondal v. State Of West Bengal And ORS.
16.02.2026 Ct. No. 15 Sl. No.5 skg W.P.A. 28921 of 2025 Ramesh Mondal Vs.
The State of West Bengal & Ors.
Mr. Nirmalendu Bera, Mr. Gora Chand Samanta, ....for the petitioner Mrs. Sharmila Datta Das, ...for the State Mr. Rajdeep Bhattacharya, Mr. Sanjib Sarkar Mazumdar, ....for the respondent no.7 Learned counsel appearing on behalf of the petitioner submits that L.R. Dag No. 1063, Khatian No. 1055/1, Mouza-Baradanagar, Police Station Raidighi, District 24 Parganas (South), was allotted to him by the State by way of a patta. It is contended that respondent no. 7 has no right, title, or interest in respect of the said plot of land and has raised construction thereon without obtaining permission from the Panchayat Authority.
On such grounds, the petitioner seeks demolition of the said building.
Learned counsel appearing for respondent no.
7, however, submits that the construction in question has been undertaken under the Pradhan Mantri Awas Yojana. It is further submitted that respondent no. 7 has challenged the patta granted in favour of the
petitioner by filing O.A. No. 2808 of 2024 before the West Bengal Land Reforms and Tenancy Tribunal under the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, and that the said proceeding is presently pending adjudication. This Court is not the appropriate forum to determine disputed questions of title. It is, however, to be noted that a residential building constructed under the Pradhan Mantri Awas Yojana does not require a sanctioned building plan in view of the proviso to Section 19(1) of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004.
In such circumstances, the allegation in the writ petition that the construction was undertaken without a sanctioned plan is devoid of merit. Accordingly, W.P.A. 28921 of 2025 stands dismissed.
There shall be no order as to costs.
Urgent Photostat copy of this order, if applied for, be supplied to the parties on an urgent basis. (Kausik Chanda, J.)