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2026 DAILYLAW 27464 (CAL)

TAPAN GHOSH AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/13688/2026 · 2026-07-09

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 0099..0077..22002266 Ct. No.15 b.das WPA 13688 of 2026 Tapan Ghosh & Anr. Vs. The State of W. B. & Ors. Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee Mr. Biswarup Chatterjee Mr. P. Sarkar …for the petitioners. Mr. Siddhartha Sarkar Mr. Sourav Guptu …for respondent no.9. Mr. D. N. Ray Mr. Madhu Jana Ms. Puja Sonkar …for the State. Report submitted by the State is taken on record. The fact of the case has been recorded in the order passed on 22nd June, 2026. The petitioners have assailed the order dated 10th February, 2026 passed by the Sub- Divisional Officer, Bishnupur, Bankura. The said order records that plot no.1616 is raiyati and plot no.1617 is classified as ‘Rasta’ and recorded in the Dighalgram Anchal Panchayat. By the said order, the concerned parties including the petitioners were directed to appear before the Sub- Divisional Officer on 25th February, 2026 with all relevant documents. This order simply directing the parties to appear before the Sub-Divisional Officer does not require interference by this Court. 2 The issue has been dealt with in the order passed on 25th February, 2026 whereby the Sub-Divisional Officer directed the petitioners to demolish the illegal portion of construction in LR plot no.1617 failing which the Block Development Officer, Indus was directed to take necessary steps for demolition of the same. It is recorded in the said order that the petitioners admitted the unauthorized/illegal construction raised in plot no.1617. The order dated 25th February, 2026 is not under challenge in this writ petition. Learned counsel for the private respondent submits that a title suit has been filed by the petitioners before the learned Civil Judge (Junior Division), Bishnupur being TS 40 of 2026 with the same prayers as in the present application. Pendency of the suit has been suppressed by the petitioners herein. It appears from the copy of the plaint of the title suit that besides other prayers, the petitioners sought a declaration that there was no encroachment by way of unauthorized construction in the B Schedule property of the plaint which is plot no.1617, classified as ‘Rasta’. The petitioners also assailed the order dated 25th February, 2026 and the inspection report of plot no.1617 submitted by the Block Land and Land Reforms Officer, Indus. It is evident that the prayers in the title suit are related to the subject matter of the writ petition. The fact stated therein is material for the purpose of consideration 3 of the writ petition. Pendency of the title suit has been suppressed by the petitioners in the writ petition. Such conduct of the petitioners amounts to deliberate suppression of material facts. It is trite law that a litigant seeking relief before the Court should come before the Court with clean hands. In view of deliberate suppression of material facts by the petitioners before this Court, the writ petition is liable to be dismissed only on such score. Since the order dated 25th February, 2026 is not under challenge in the writ petition, the Block Development Officer, Indus, being the 5th respondent herein, is directed to implement the order within seven days from the date of communication of this order. The Officer in Charge, Indus Police Station, being the 8th respondent herein, is directed to render necessary assistance to the 5th respondent in this regard. The writ petition is accordingly dismissed. 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.)