14.07.2026 Court No. 12 Item No. 09 Sandip IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE M.A.T. 1163 of 2025 I.A. No : CAN 2 of 2026 Abdul Khalek Mondal -Versus- The State of West Bengal & Ors. Md. Younush Mondal …..for the appellant. Re : CAN 2 of 2026 1) Affidavit-of-service filed on behalf of the appellant is taken on record. Inspite of service none appears for the respondents. 2) CAN 2 of 2026 is an application for restoration of M.A.T. 1163 of 2025, which was dismissed for default on May 18, 2026. 3) Considering the averments in Paragraphs 2 and 3 of the said application, we are satisfied with the explanation as to why the appellant could not be present before the Court when the matter was called on and dismissed for default. 4) Accordingly, CAN 2 of 2026 is allowed. 5) M.A.T. 1163 of 2025 and the connected application are restored to its original file and number. Re : MAT 1163 of 2025 6) The appellant approached the writ Court for an order upon the Pradhan of the Sohai- Swetpur Gram Panchayat to proceed on the basis of a representation dated March 03, 2025. The appellant contended before the learned single Judge that, despite having informed the concerned Pradhan of the said Gram Panchayat that the respondent no. 7 was making an unauthorized construction, no steps had been taken by the concerned Gram Panchayat. 7) The learned single Judge was of the view that, as a civil suit which was pending between the parties before the learned Civil Judge, Junior Division, 1st Court at Barasat, District – North 24 Parganas being Title Suit No. 795 of 2024, and as an order of status quo was passed by the said Court, the panchayat authorities could not be directed to take steps in respect of the construction which was subject matter of the civil suit. 8) Admittedly, there is a private dispute between the parties and a suit is pending with regard to the right, title and interest of the parties in respect of the plot in question. There is also an order of status quo. The prayers in the plaint are quoted below :- “That the plaintiff therefore prays that :- (a) For a decree of declaration right, title, interest and possession over the schedule lands in favour of the plaintiff. (b) For an order of permanent injunction. (d) For an order of temporary injunction till disposal of the instant suit. (e) For cost of the suit. (f) For any other relief or relief as the plaintiff are entitled to get.” 9) There is a subsisting order of status quo which was passed on July 5, 2024, by the competent civil Court directing the parties to maintain status quo in respect of the land as described in the schedule of the plaint. 2 “Mouza-Odhanpur, J.L. No. 06, Touzi No. 11, L.R. Khatian No. 296 corresponding to L.R. Khatian no. 1607 & 1964 in L.R. Dag No. 1253 measuring an area of 16.22 decimal as Shali land consisting of Pucca Residential House under P.S. Deganga under Sohai Swethpur Gram Panchayet, District North 24 Parganas.” 10) We are not in agreement with the decision of learned single Judge. His Lordship directed that the issue will be decided by the civil Court and no order could be passed upon the panchayat authorities to act and proceed on the basis of the representation of the appellant. 11) We hold that, the civil court is not competent to decide the issue of unauthorized construction. 12) The issue of unauthorized construction has to be decided by the competent authorities in terms of Section 23 of the West Bengal Panchayat Act, 1973. Upon detection of unauthorized construction, the matter is required to be referred by the panchayat authority to the concerned Sub-Divisional Officer (SDO) for necessary action/including demolition. 13) Under such circumstances, the order impugned is set aside. 14) The appellant is granted liberty to file a fresh application before the concerned gram panchayat, with the details of his grievances. The panchayat authority shall consider the same in accordance with law, upon giving adequate opportunity of hearing to the respective parties. A reasoned order will be passed and communicated to the respective parties. If unauthorized construction is 3 detected, the matter will be referred to the SDO and necessary steps shall be taken in accordance with law. 15) In the event the order of status quo comes in the way of any action to be taken by the concerned authority under Section 23(5) of the said Act, in that event the decision of the authority shall be produced before the learned civil Court and the appellant shall be at liberty to pray for necessary variation, vacation, clarification and/or modification of the order of status quo. 16) The fresh application/representation shall be filed by the appellant before the gram panchayat, within a period of 15 days from date, and shall be served upon the respondent no. 7. 17) Accordingly, the appeal and the connected application are disposed of. 18) Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.) 4