Extracted from the PDF above. The PDF is authoritative.
July 14, 2026 (36) ARDR WPA 15490 of 2026
Sk. Rabiul Islam Vs. The State of West Bengal & ors. Adv. Supriyo Chattopadhyay, Adv. Sudip Kumar Maiti, Adv. Debasree Chatterjee, …for the petitioner. Adv. Gautam Guria, …for the respondent nos. 7 to 9. Adv. Partha Sarathi Basu, Adv. Kanika Gupta, …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 unauthorised construction in the plot in question classified as ‘jal’ in the record of rights without conversion of the same and without obtaining sanction from the concerned Panchayat. In response to an application made by the petitioner under the Right to Information Act, 2005, he has been informed that land in question has not been changed and no sanction has been granted by the Panchayat for the construction raised therein by the private respondents. The petitioner submitted a representation in this regard before the concerned authority on 17th June, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegations, learned counsel for the private respondents submits that the private respondents
2 are patta holders in respect of the plot in question and have raised construction therein under the Pradhan Mantri Aswas Yojana Scheme for which no sanction is required. On the other hand, the petitioner has raised construction on a portion of the land in question illegally for which show cause notice has been issued upon him under Section 4(c) of the West Bengal Land Reforms Act. The petitioner denies and disputes the contention of the private respondents. The allegation raised by the private respondents against the petitioner shall be dealt with by the appropriate authority. Since the representation submitted by the petitioner is pending before the Panchayat, the Pradhan, Kalicharanpur Gram Panchayat, being the 5th 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 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. 3 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)