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Calcutta High Court · body

2026 DAILYLAW 21202 (CAL)

SK AYSAN UDDIN v. STATE OF WEST BENGAL AND ORS.

WPA/10648/2026 · 2026-05-20

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

May 20, 2026 (40) ARDR WPA 10648 of 2026 Sk. Aysan Uddin Vs. The State of West Bengal & ors. Adv. Soumik Ganguli, …for the petitioner. Adv. Tanmoy Mukherjee, Adv. Soumik Das, Adv. Rudrail Dan …for the respondent nos. 10 to 14. Affidavit of service filed by the petitioner is taken on record. The State and the Panchayat are not represented despite service. The petitioner alleges that the private respondents have raised unauthorised construction in the petitioner’s plot without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 27th March, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the private respondents are raising construction under Banglar Bari (Gramin) Scheme in terms of the relevant rules. Upon consideration of the submission made on behalf of the parties, this Court is of the view that the allegation of encroachment upon the petitioner’s land shall be dealt with by the appropriate civil forum in accordance with law. The petitioner is at liberty to approach the said 2 forum for redressal of his grievance. Insofar as the allegation of the petitioner with regard to unauthorised construction raised by the private respondents is concerned, since the representation submitted by the petitioner is pending, the Pradhan, Kalindi Anchal 8 Gram Panchayat, being the 6th 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 petitioner and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)