Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 2334 (CAL)

MUNSHI TOFAZZEL HOSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/1940/2026 · 2026-02-23

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.02.2026 Ct. No. 15 Sl. No.68 skg W.P.A. 1940 of 2026 Munshi Tofazzel Hossain Vs. The State of West Bengal & Ors. Mr. Dipankar Aditya, Ms. Aishwarya Priya Raha, ….for the petitioner Mr. Manoranjan Jana, Ms. Rekha Das …for the private respondent Learned Advocate appearing for the petitioner submits that respondent No. 5 is preventing him from undertaking repair works of his residential building on Plot No. 1219, Khatian No. 1662, Mouza Uttar Kalash, Police Station Magrahat, District South 24 Parganas. Learned Advocate appearing for respondent No. 5 submits that a partition suit (No. 393 of 2011) is pending between the parties before the learned Civil Judge (Senior Division), Diamond Harbour. I am of the view that the petitioner should file an application for carrying out the repair work in connection with the pending civil suit. There is no scope to pass any order in this writ petition, as mere repair work does not require any permission from the Panchayat Authority. If such an application is filed before the Civil Court within one month from the date of this order, it shall be disposed of by the learned 2 Civil Judge as expeditiously as possible, preferably within three months from the date of filing. Accordingly, W.P.A. 1940 of 2026 is disposed of. There shall be no order as to costs. Urgent Photostat copy of this order, if applied for, be supplied to the parties on an urgent basis. (Kausik Chanda, J.)