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Calcutta High Court · body

2026 DAILYLAW 26765 (CAL)

JAYANTA KUMAR MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/13682/2026 · 2026-07-07

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14 0077..0077..22002266 Ct. No.15 b.das WPA 13682 of 2026 Jayanta Kumar Maity Vs. The State of W.B. & Ors. Mr. Supriyo Shasmal Mr. Bhaskar Mondal …for the petitioner. Mr. Suman Chattopadhyay …for the private respondents. Mr. Madhu Jana Mr. Subhojit Das …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 without obtaining sanction from the concerned Panchayat and in violation of building rules. The petitioner submitted a representation in this regard before the concerned authority on 26th May, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the private respondents are raising construction in terms of sanctioned building plan granted in their favour on 29th August, 2017 and after conversion of the land from ‘Sali’ and ‘Danga’ to ‘Dokanghar’. In view of the fact that the petitioner alleges that the construction is being raised in violation of building rules 2 and therefore, upon deviation from the sanctioned building plan, the said allegation needs to be enquired into by the appropriate authority. The Pradhan, Moukhali Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 26th May, 2026 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 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 it is found that the construction raised by the private respondents is either without sanction or in violation of the building plan granted in their favour, necessary steps be taken by the authority at the earliest. 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.)