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Calcutta High Court · body

2026 DAILYLAW 198 (CAL)

SYED SHA RAISUL ISLAM v. STATE OF WEST BENGAL AND ORS.

WPA/1236/2026 · 2026-02-24

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.02.2026 Item No.10. Ct. No.15 Suman WPA 1236 of 2026 Syed Sha Raisul Islam -Vs- The State of West Bengal and Ors. Mr. Subrata Ghosh Mr. S. Mondal Mr. T. Chatterjee Mr. Mridul Kanti Sasmal ..for the petitioner Mr. Pratick Sardar ..for respondent no.8. It is the grievance of the petitioner that respondent no. 8 has constructed a kitchen room on plot nos. 674 and 675, Mouza Basubati, J.L. No. 70, under P.S. Singur, District Hooghly. It is alleged that such construction was undertaken without obtaining the requisite permission from the Gram Panchayat. The petitioner further contends that the said unauthorised construction has obstructed the free flow of air and light to the petitioner’s residential premises. Learned counsel appearing on behalf of respondent no. 8 denies the aforesaid allegations. It appears, however, that on September 10, 2025, the petitioner submitted a representation before the Pradhan, Basubati Gram Panchayat, complaining of the alleged unauthorised 2 construction and requesting appropriate action. Learned counsel for the petitioner submits that no steps have been taken by the Panchayat Pradhan pursuant to the said representation. This Court is of the view that the Panchayat authorities ought to have considered the petitioner’s representation dated September 10, 2025, in accordance with law. The petitioner has approached this Court with due promptitude, alleging inaction on the part of the Panchayat authorities. Accordingly, the writ petition is disposed of with a direction upon the Basubati Gram Panchayat to consider and dispose of the petitioner’s representation, appearing at page 35 of the writ petition and dated September 10, 2025, in accordance with law. In the event any unauthorised construction is found, the Panchayat Pradhan shall take appropriate steps in terms of Section 23(5) of the West Bengal Gram Panchayat Act, 1973. The aforesaid exercise shall be completed within a period of two weeks from the date of communication of this order. The Panchayat Pradhan shall also ensure that no further unauthorised construction is carried out by respondent no. 8 on the said plots. 3 Accordingly, WPA 1236 of 2026 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.)