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2026 DAILYLAW 27435 (CAL)

ISRAFIL MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/14319/2026 · 2026-07-09

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14 jdt. 09.07.2026 jb. WPA 14319 of 2026 (Israfil Mondal vs. State of West Bengal & Ors.) Ms. Aparajita Mondal Mr. Biplab Adak …. For the Petitioner Mr. Kajal Roy Mr. Suman Nandi …. For the Respondent nos. 11 & 13 Mr. D. N. Ray Mr. Madhu Jana Ms. Simran Sureka …. For the State Affidavit of service filed on behalf of the petitioner is taken on record. Learned counsel for the petitioner submits that the private respondents have raised unauthorised construction in plot no. 700 in Mouza Chandanpur without obtaining sanction from the concerned Panchayat and also without conversion of the plot which is classified as Suna. The petitioner submitted a representation in this regard before the concerned authority on 29th July, 2024 and seeks consideration of the same. Opposing such allegation, learned counsel for the private respondents submits that the private respondents are absolute owners of plot no. 690 and have raised construction therein upon obtaining sanction from the concerned Panchayat. Since the petitioner obstructed to the said construction, the private respondent came before this Court in a writ 2 petition being WPA 12121 of 2023. By an order passed on 2nd February, 2024, a co-ordinate Bench of this Court observed that as the petitioner therein (private respondent) was the owner of the property and had obtained a sanctioned plan to construct a building therein, no one could prevent him from doing so. It was the duty of the State Administration to ensure that he was not obstructed in any manner by anti social element or private respondent herein. Learned counsel submits that the construction is complete. No construction has been raised by the private respondents in plot no. 700. The contention of the parties needs to be verified by the appropriate authority. Since the representation dated 29th July, 2024 submitted by the petitioner in this regard is pending, the Pradhan, Chandanpur Gram Panchayat, being the 9th 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. 3 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. 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.)