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2026 DAILYLAW 16084 (CAL)

REJAUL SK. v. STATE OF WEST BENGAL AND ORS.

WPA/25956/2025 · 2026-01-07

Kausik Chanda

Transfer Petitionbody2026

Judgment text

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07.01.2026 Sl No.1 Ct. No.15 S.A. WPA 25956 of 2025 Rejaul Sk. -vs- The State of West Bengal & Ors. Mr. Md. Hafiz Ali Mr. Partha Sarathi Das Ms. Sudipa Das …for the petitioner Mr. Golam Mostafa Mr. T. S. Samanta …for respondent nos. 9 & 10 The petitioner alleges unauthorised construction at the instance of respondent nos. 9 and 10. The grievance of the petitioner is that he is a co- sharer in respect of L.R. Plot No. 2184, Mouza–Masla, Police Station–Bharatpur, District Murshidabad. It is alleged that, despite the pendency of a partition suit between the parties and the existence of a subsisting order of injunction, respondent nos. 9 and 10 are raising a building on the said plot without obtaining any permission from the Panchayat Authority. Photographs of the impugned construction have been produced before this Court and are kept on record. From the said photographs, it appears that the construction is ongoing. The learned advocate appearing for respondent nos. 9 and 10, on the other hand, submits that the construction has already been completed, although no 2 photographs in support of such contention have been produced. In view of the aforesaid, I am not inclined to keep this writ petition pending. Accordingly, the Pradhan, Alugram Gram Panchayat, respondent no. 8, is directed to consider the representation of the petitioner appearing at page 31 of the writ petition. In the event any unauthorised construction is detected at the said premises, the Pradhan shall take appropriate steps in terms of Section 23(5) of the West Bengal Panchayat Act, 1973. The aforesaid exercise shall be completed within a period of two weeks from the date of communication of this order. Accordingly, WPA 25956 of 2025 stands 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.)