SAHIR HOSSAIN AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/4628/2026 · 2026-03-23
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15550 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15550 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
67 jdt. 23.03.2026 jb.
WPA 4628 of 2026 (Sahir Hossain & Ors. vs. State of West Bengal & Ors.)
Omar Faruk Gazi Ms. Susmita Das Ms. Bidisha Das Ms. Debashree Giri …. For the Petitioners Mr. Jayanta Samanta Mr. Tapas Ballav Mandal …. For the State
Affidavit of service filed by the petitioners is taken on record. The Panchayat and the private respondents are not represented despite service. The petitioners and the private respondents are co-sharers in respect of the property in question. A partition suit is pending between them wherein learned trial Court has granted order of status quo upon both the parties. The petitioners allege that despite the order of status quo granted by the learned trial Court upon both the parties in respect of the property, the private respondents are raising construction therein without obtaining sanction from the Panchayat. The petitioners submitted a representation before the concerned authority on 9th February, 2026 and seek consideration of the same. Upon consideration of the submission made on behalf of the parties, this Court directs the Pradhan, Shanpukur Gram Panchayat, being the 3rd respondent
2 herein, to consider and dispose of the representation dated 9th February, 2026 within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authoriy shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondents is found to be unauthorised/illegal, the concerned authority shall take necessary steps in accordance with law. It is made clear that the allegation of the petitioners with regard to violation of the order of status quo shall be dealt with by the learned trial Court. The application is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)