Extracted from the PDF above. The PDF is authoritative.
29 0088..0077..22002266 Ct. No.15 b.das
WPA 14649 of 2026
Koushik Karan
Vs. The State of W.B. & Ors. Mr. Shahan Shah Mr. Soumen Barman Mr. Aninda Bhattacharya Ms. Sanjita Sarkar …for the petitioner. Mr. Amitava Chowdhury …for respondent no.7. Mr. Bikash Kumar Sriwastav …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent has raised construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 27th March, 2026 and seeks consideration of the same. Opposing such allegation learned counsel for the private respondent submits that the private respondent purchased the property in question alongwith an old structure standing thereon in 2021 and has been residing therein since then. The petitioner tried to alter the boundary wall of the said property for which a dispute arose between the parties. A civil suit was filed by the petitioner and an order of status quo in respect of the
2 property was granted by the learned civil court. The petitioner has been trying to evict the private respondent from the plot and is submitting various applications before several authorities for the purpose. No new construction has been raised by the private respondent in the plot in question. Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that the contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner on 27th March, 2026 is pending, the Pradhan, 9 No. Kashijora Gram Panchayat, being the 6th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the concerned 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 respondent is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. 3 The writ petition is disposed of accordingly.
There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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.)