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2026 DAILYLAW 27977 (CAL)

DHANANJOY MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/15743/2026 · 2026-07-14

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

39 1144..0077..22002266 Ct. No.15 b.das WPA 15743 of 2026 Dhananjay Maity Vs. The State of W.B. & Ors. Mr. Dilip Kumar Sinha …for the petitioner. Mr. S. M. Hassan Ms. Anupama Yasmin ...for the respondent nos.7 & 8. Mr. Aninda Bhattacharya Ms. Prity Panja …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner and the private respondents are co- sharers in respect of the plot in question. A partition suit is pending between them wherein the learned civil court has directed the parties to maintain status quo in respect of the property. The petitioner alleges that the private respondents are raising unauthorized construction therein without obtaining sanction from the concerned Panchayat. The petitioner submitted representation before the concerned authority in this regard on 22nd May, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that after the order of status quo has been passed, no further construction is being raised by the private respondents in the plot in question. 2 The said construction is under the Prodhan Mantri Awas Yojana Scheme which does not require sanction from the Panchayat. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner is pending before the concerned Panchayat, the Pradhan, Kismat Naikundi 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/unauthorized, the concerned authority shall take necessary steps in accordance with law. 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.)