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2024 DAILYLAW 1848 (CAL)

JOGINDRA MONDAL AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/10242/2025 · 2026-03-11

Suvra Ghosh

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13-14 1111..0033..22002266 Ct. No.15 b.das WPA 25136 of 2024 Sachindranath Samanta Vs. The State of W. B. & Ors. With WPA 10242 of 2025 Jogindra Mondal & Ors. Vs. The State of W. B. & Ors. Mr. Avirup Chatterjee Mr. Rishav Das …for the petitioner in WPA 25136 of 2024. Mr. Debdutta Basu Ms. Soumalika Nandan …for the petitioners in WPA 10242 of 2025 & private respondents in WPA 25136 of 2024. Ms. Sukanya Datta …for the State in WPA 10242 of 2025. Mr. Tarak Nath Sarkar …for private respondents in WPA 10242 of 2025. Heard learned counsels for the parties. The petitioner in WPA 25136 of 2024 alleges unauthorized construction being raised by the private respondents without obtaining sanctioned plan from the Panchayat. A mass petition in this regard has been filed before the Panchayat on 27th August, 2024, which is pending. The petitioner seeks consideration of the same by the Panchayat. Relying upon several documents including the sanctioned plan granted by the Panchayat, the petitioners in WPA 10242 of 2025 submit that they are raising 2 construction in terms of the sanctioned plan issued by the Panchayat and upon depositing requisite fees for the same. The petitioners seek preservation of their construction and an order directing the petitioners in the earlier matter not to disturb their peaceful possession therein. Upon consideration of the rival contention of the parties and also since the mass petition in WPA 25136 of 2024 is pending, this Court directs the Pradhan, Kukurdaha-12 Gram Panchayat, being the 3rd respondent in WPA 25136 of 2024, to consider and dispose of the mass petition submitted by the petitioner and others on 27th August, 2024 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the parties herein, in accordance with law. The private respondents in WPA 25136 of 2024 shall be at liberty to produce the relevant documents before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within 7 days thereafter. In the meantime, the police authority shall keep strict vigil in the area so that no untoward incident takes place and shall ensure maintenance of peace and tranquility. Both the writ petitions are disposed of accordingly. There shall, however, be no order as to costs. 3 Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)