102 0077..0088..22002266 Ct. No.15 b.das WPA 4907 of 2025 Sk. Sairul Islam Vs. The State of W.B. & Ors. Mr. Nitai Ch. Saha Ms. Nisha Agarwal …for the petitioner. Mr. Rafikul Islam Sardar…for the respondent no.7. Mr. Madhu Jana Ms. Puja Sonkar …for the State. Affidavit of service filed by the petitioner is taken on record. The State is not represented. Mr. Madhu Jana alongwith Ms. Puja Sonkar who usually appear for the State and are present in Court, are requested to represent the State in the matter. Their appointment be regularized by the appropriate authority. The petitioner is directed to serve copy of the writ petition alongwith annexure thereto upon the learned counsels for the State in course of this day. The petitioner alleges that the private respondent has raised a three-storied building by encroaching upon a road without obtaining sanction from the concerned Panchayat and without leaving adequate side space. The petitioner submitted a representation in this regard before the concerned authority through his learned counsel on 4th February, 2025, which is yet to be 2 considered. The petitioner seeks consideration of the same. Opposing such allegation, learned counsel for the private respondent produces a sanctioned plan issued by the Panchayat whereby permission for construction of a two-storied residential building has been granted. The petitioner denies the validity of the sanctioned plan and alleges construction of a three-storied building by the private respondent whereas the plan produced by the private respondent refers to a two-storied building. The allegation of encroachment of the public road by the private respondent shall be dealt with by the learned civil court in the civil suit pending between the parties. Since the representation submitted by the petitioner before the concerned authority is pending, the Pradhan, Nalpur Gram Panchayat, being the 4th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. 3 In the event the construction raised by the private respondent is found to be illegal/unauthorized, 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. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)