Extracted from the PDF above. The PDF is authoritative.
15 jdt. 09.07.2026 jb.
WPA 14659 of 2026 (Mojahar Sekh vs. State of West Bengal & Ors.)
Hamidur Rahaman Parvej Islam …. For the Petitioner Mr. Mrinal Kanti Ghosh …. For the Respondent no. 9 Mr. Arka Bhattacharyya …. For the State
Affidavit of service filed on behalf of the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent is raising unauthorised construction without sanction from the concerned Panchayat. In response to an application made by the petitioner under the Right to Information Act, 2005, the Pradhan, Malibari I Gram Panchayat has informed that no sanctioned plan for construction of building was granted by the Panchayat in favour of the private respondent. The petitioner submitted a representation in this regard before the concerned Authority on 30th March, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the construction has been made before about 30-35 years. No new construction has been made in the plot in question.
2 The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner dated 30th March, 2026 is pending, the Pradhan, Malibari I Gram Panchayat, being the 3rd 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 respondent, in accordance with law. 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/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.)