Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 26600 (CAL)

PRABHAT KUMAR JANA v. RAIPUR PASCHIMBAR GRAM PANCHAYAT AND ORS

WPA/9414/2026 · 2026-07-03

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31 jdt. 03.07.2026 jb. WPA 9414 of 2026 (Prabhat Kumar Jana vs. State of West Bengal & Ors.) Mr. Srikanta Dutta Ms. Rituparna Sarkar Dutta …. For the Petitioner Mr. Madhu Jana Mr. Rahul Agarwala …. For the State Mr. Samiran Giri …. For the Respondent nos. 5 to 13 Affidavit of service filed on behalf of the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner claims to be a co-sharer in respect of the plot in question with the private respondents. A partition suit is pending between the parties. The petitioner alleges that the private respondents are raising construction in a portion of the undivided property without obtaining sanction from the concerned Panchayat. In response to an application submitted by the petitioner under the Right to Information Act, 2005, he has been informed that no permission has been taken by the private respondents from the Panchayat authority for raising construction. The petitioner submitted a representation in this regard before the concerned authority on 6th February, 2026 which is yet to be considered. The petitioner seeks consideration of the same. 2 Denying such allegation, learned counsel for the private respondents submits that since the private respondents fall under the poverty line, they have been granted fund under the Pradhan Mantri Awas Yojana and have raised a kuchha structure with tin shed under the said scheme. No sanction is required for the said construction. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner is pending, the Pradhan, Raipur Paschimbar Gram Panchayat, being the 2nd respondent herein, is directed to consider and dispose of the same within four 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 parties are at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. 3 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.)