TAPAS KUMAR GHOSH v. STATE OF WEST BENGAL AND ORS.
WPA/5567/2026 · 2026-03-25
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19085 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19085 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
44 jdt. 25.03.2026 jb. WPA 5567 of 2026 (Tapas Kr. Ghosh vs. State of West Bengal & Ors.)
Mr. Partha Pratim Roy Mr. Samrat Chakraborty …. For the Petitioner Mr. Dwarikanath Mukherjee Ms. Shreya Chatterjee …. For the State Mr. Anamitra Banerjee Mr. Subhendu Banerjee Ms. Isita Kundu …. For the Respondent nos. 3 and 4
Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. The petitioner participated in the e auction for sale of the property in question and was declared the highest bidder. Sale certificate was issued in favour of the petitioner by the concerned authority on 28th March, 2024 upon payment of the entire consideration amount by the petitioner. The petitioner submits that he seeks to raise a boundary wall in the property and is being obstructed by the Panchayat authority in doing so. The petitioner submitted a representation before the Panchayat authority in this regard on 13th February, 2026 and seeks consideration of the same. It appears from the report submitted by the State that members of Banipur Mahila Samiti Durga Puja Committee who has been organising Durga Puja and Kali Puja in the land in question has been restraining the petitioner from raising boundary wall. A complaint has been lodged against the petitioner by one Chandana Saha alleging that the
2 petitioner has attempted to remove the temple in the said land. Learned counsel for the Panchayat submits that no permission from the Panchayat is required for construction of a boundary wall in terms of Rule 19 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. The petitioner seeks to raise a brick-built boundary wall in the property in question. Since the representation submitted by the petitioner is pending, the Pradhan, Jarur Gram Panchayat, being the 3rd respondent herein, is directed to consider and dispose of the representation within six weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. The writ petition 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.)