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Calcutta High Court · body

2026 DAILYLAW 28222 (CAL)

TANIA CHAKRABORTY v. STATE OF WEST BENGAL AND ORS.

WPA/15501/2026 · 2026-07-14

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

37 jdt. 14.07.2026 jb. W.P.A. 15501 of 2026 (Tania Chakraborty vs. State of West Bengal & Ors.) Md. Mokaram Hossain Naimul Islam Mr. K. Biswas …. For the Petitioner Mr. D. N.Ray Ms. Madhu Jana Mr. Rahul Agarwala …. For the State Mr. Uday Narayan Betal Mr. Mriganka Patra …. For the Respondent nos. 9 and 10 Affidavit of service filed on behalf of the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner claims to be a co-sharer in respect of the plot in question with the private respondents and alleges that the private respondents are raising construction in a portion of the property without a valid sanctioned building plan and in violation of building Rules. The petitioner submitted a representation in this regard before the concerned Authority on 15th June, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that since the private respondents are co-owners in respect of the plot, they are raising construction in terms of the sanctioned building plan granted in their favour by the concerned Panchayat. 2 The contention of the parties need to be verified by the appropriate authority. Since the representation submitted before the concerned Panchayat is pending, the Pradhan, Chowapara Gram Panchayat, being the 7th 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 parties shall be at liberty to produce all relevant documents in support of their respective contention before the concerned authority at the time of hearing. 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 disposed of. 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. 3 Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)