July 8, 2026 (24) ARDR WPA 13573 of 2026 Kalyan Samanta Vs. The State of West Bengal & ors. Adv. Sounak Ghosh, Adv. Rajesh Naskar, Adv. Md. Jannat ul Firdous, …for the petitioner. Adv. Ziaul Haque, …for the respondent nos. 7 to 9. Adv. Prithu Dudhoria, Adv. Anish Chakraborty, …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 respondents are raising construction on the plot of land classified as ‘jal’ in the L.R. record of rights without conversion of the same and without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority through his learned advocate on 27th May, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the Pradhan of the concerned Panchayat has granted permission to the private respondents for raising construction in the plot in question on 4th September, 2017. Plan for such construction has been sanctioned. However, learned counsel is unable to apprise this Court whether the land was converted into ‘bustu’ prior to grant of such sanction. 2 This Court is inclined to hold that in the event sanction for construction has been granted by the concerned Panchayat without conversion of the land, such sanction is bad in law. However, since the representation submitted by the petitioner before the concerned authority is pending, the Pradhan, Depal 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 granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, 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 respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. 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.)