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2026 DAILYLAW 17435 (CAL)

NITAI CHARAN PAL AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/17079/2025 · 2026-05-06

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.06.2026 rc/ct.no.15 Item No.42 WPA No. 17079 of 2025 Nitai Charan Pal & Anr. Versus The State of West Bengal & Ors. Mr. Dinesh Pani Ms. Sulangna Sen ..for the petitioner Mr. Subrata Bhattacharjee ..for the respondent nos. 8&9 Affidavit of service filed by the petitioners is taken on record. The State is not represented. It is not in dispute that a civil suit is pending between the parties wherein the learned trial Court has granted an order of injunction in the form of status quo. The petitioners allege that the private respondents are raising construction in the plot in question without obtaining sanctioned plan from the concerned Panchayat. Denying such allegation, learned counsel for the private respondents submits that the construction in the plot in question has been raised long back and no further construction is being raised at present. Upon consideration of the submission made by the learned counsels appearing for the parties this Court is of the view that the issue of alleged violation of the order of status quo granted by the learned trial Court shall be dealt with by the learned trial Court in the pending suit. With regard to the allegation of unauthorized construction being raised without obtaining sanctioned building plan, since the representation submitted by the petitioners on July 10, 2025 before the concerned authority is pending, the Pradhan, Iswarpur Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the same within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 2