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Calcutta High Court · body

2025 DAILYLAW 3002 (CAL)

KARTIK DHARA v. STATE OF WEST BENGAL AND ORS.

WPA/24341/2025 · 2026-06-22

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

37 2222..0066..22002266 Ct. No.15 b.das WPA 24341 of 2025 Kartik Dhara Vs. The State of W.B. & Ors. Mr. Sandipan Banerjee Ms. Utsa Dutta …for the petitioner. Mr. Madhu Jana Ms. Puja Sonkar …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat and the private respondents are not represented despite service. Learned counsel for the petitioner submits that a religious and charitable trust is being run in the plot in question wherein the private respondents are raising construction without obtaining sanction from the concerned Panchayat. The land belongs to the religious and charitable trust and no sanctioned building plan could have been granted by the Panchayat for raising construction therein by the private respondents. The petitioner submitted a representation in this regard before the concerned authority on 29th July, 2025 which is yet to be considered. The petitioner seeks consideration of the same. In view of the above, the Pradhan, Mahanad Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the representation submitted by 2 the petitioner dated 29th July, 2025 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction allegedly raised by the private respondents is found to be unauthorized/illegal, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. 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.)