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2025 DAILYLAW 70106 (CAL)

SUDIPTA SARKAR AND ANR. v. THE STATE OF WEST BENGAL AND ORS.

WPA/7918/2025 · 2025-12-22

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.12.2025 Sl No.150 Ct. No.15 S.A. WPA 7918 of 2025 Sudipta Sarkar & Anr. -vs- State of West Bengal & Ors. Mr. Nitai Chandra Saha Mr. Santanu Barik Ms. Nisha Agarwal …for the petitioners Mr. Ranjit Rajak …for the State Let the affidavit of service filed by the petitioners be taken on record. None appears on behalf of the respondents. The petitioners allege unauthorised construction at the instance of respondent nos. 6 to 11 at premises no. B-6, Bhagabanpur, Police Station– Narendrapur, Kolkata–700152. It is submitted that the petitioners are presently residing on the ground floor of the said premises, whereas respondent nos. 6 and 7, being the sister and brother-in-law of the petitioners, reside on the first floor. It is further contended that respondent nos. 6 and 7, in collusion with respondent nos. 8 to 11, have raised unauthorised construction on the first floor without obtaining any permission from the concerned Gram Panchayat. It appears from the records that the petitioners have submitted a representation before the Pradhan 2 of Kheyadaha II Gram Panchayat, South 24-Parganas, a copy of which appears at page 31 of the writ petition. Learned counsel appearing for the petitioners submits that the said representation has not yet been considered by the Panchayat Authority in respect of the allegations of unauthorised construction. In the circumstances, no useful purpose would be served by keeping the writ petition pending. Accordingly, this writ petition is disposed of with a direction upon the Pradhan of Kheyadaha II Gram Panchayat to consider and decide the representation of the petitioners, as appearing at page 31 of the writ petition, in accordance with law, within a period of one month from the date of communication of this order. Accordingly, WPA 7918 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)