Extracted from the PDF above. The PDF is authoritative.
09.03.2026 Item No.16 Ct. No.01 RP WPA(P) 91 of 2026 Sadikul Islam vs. The State of West Bengal & Ors. Mr. Soumik Ganguly Mr. Md. Golam Nure Imrohi Ms. Priti Burman Mr. P.P. Sinha
… For Petitioner Mr. Swapan Kumar Dutta, Ld. GP, Sr. Adv. Mr. Nilotpal Chatterjee Mr. Dipankar Ghosh …for State Mr. Nurobi Seikh …for Private Respondent PER, SUJOY PAUL, CJ.:
1. Parties are represented through their respective learned counsels. 2. Learned counsel for the petitioner submits that dag no.328 is classified as ‘doba’ in the revenue record (page 28). The private respondent has raised illegal construction on the said doba, which is impermissible. 3. Mr. Chatterjee, learned advocate for the State produced report dated 6.3.2026 annexing the report of the concerned Pradhan. 4. Considering the aforesaid, prima facie it appears that a construction is being raised on
2 the doba. The Pradhan has given a report that private respondent no.7 has taken no permission from the office of the concerned Panchayat and raised the said construction. The report of the Pradhan dated 6.3.2026 suggests that the land in question is a government land. 5. Considering the aforesaid, we deem it proper to dispose of this PIL with following directions. i) The petitioner shall file a comprehensive representation annexing relevant documents before the concerned Sub- Divisional Officer/respondent no.3 alongwith server copy of this order. ii) In turn, the said authority shall consider the said representation after hearing the petitioner and the private respondent and pass a reasoned order in accordance with law. iii) Till such time he takes the decision, it shall be his duty to ensure that no further construction takes place in the doba in question
3 iv) The said authority shall communicate the outcome of the proceeding to the petitioner and private respondent. 6. With the aforesaid directions and without expressing any conclusive opinion on merits of the case, this PIL is disposed of. 7. The Sub-Divisional Officer shall decide the matter on its merit in accordance with law. 8. It goes without saying that in case the Sub- Divisional Officer finds that illegal construction has taken place on the land/doba in question, it shall be his duty to get it removed in accordance with law. 9. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.
[SUJOY PAUL, CJ.] [PARTHA SARATHI SEN, J.]