Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 62969 (CAL)

ABDUL HALIM AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/25375/2025 · 2025-12-09

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 09-12-2025 AKG Ct. 15 WPA 25375 of 2025 Abdul Halim & Anr. Vs. The State of West Bengal & Ors. Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal, Ms. Poulumi Chakraborty, Mr. Samrat Chakraborty …for the Petitioners It is the grievance of the petitioners that respondent no. 11 has raised an unauthorised construction on Plot No. 3379, J.L. No. 66, Mouza–Nashipur, Bhagwangola, Murshidabad. The petitioners assert that they also own a portion of land in the said plot, and that respondent no. 11, without obtaining a change in land classification from “aush” to “bastu”, has undertaken construction without securing any permission from the Panchayat Authority. It is further alleged that the unauthorised construction encroaches upon a public pathway, thereby obstructing the ingress and egress of the petitioners to and from their residential premises. Despite service of notice, the respondents are not represented. It appears that the petitioners submitted a representation before the Prodhan, Nasipur Gram Panchayat, on August 27, 2025, seeking redress of their grievance. It is submitted that despite such representation, no steps have 2 been taken by the Prodhan. In view of the above, this writ petition is disposed of with a direction upon respondent no. 10 to consider the representation appearing at page 30 of the writ petition. If the Prodhan, Nasipur Gram Panchayat, finds that unauthorised construction has indeed taken place on the relevant plot, the Prodhan shall take necessary action in terms of Section 23(5) of the West Bengal Panchayat Act, 1973. The entire exercise shall be completed within one month from the date of communication of this order. Accordingly, WPA 25375 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.)