Extracted from the PDF above. The PDF is authoritative.
31 0088..0077..22002266 Ct. No.15 b.das
WPA 14673 of 2026
Mir Najrul Islam
Vs. The State of W.B. & Ors. Mr. Sarbananda Sanyal Mr. Hamidur Rahaman Mr. Parvej Islam …for the petitioner. Md. G. N. Imrohi Mr. Sandipan Maity Mr. P. P. Sinha …for respondent no.9. Mr. Madhu Jana Mr. Subhojit Das …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 respondent is raising unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 26th May, 2026, pursuant to which hearing was held by the Pradhan, 4 No. Kalinagar –II Gram Panchayat on 17th June, 2026. The Pradhan is yet to arrive at a decision. Learned counsel for the petitioner submits that no field enquiry has been held by the Pradhan till date. Though the private respondent claims that the construction is being raised under the Pradhan Mantri
2 Awas Yojana, the area of construction is far beyond the parameters laid down under the said Scheme. Denying such allegation, learned counsel for the private respondent submits that the construction is being raised in terms of the Scheme and no sanction is required for the purpose. The matter is still pending before the Pradhan. Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the private respondent submits that the construction is being raised under the Pradhan Mantri Awas Yojana, the Pradhan, 4 No. Kalinagar-II Gram Panchayat, being the 3rd respondent herein, is directed to cause an enquiry in order to ascertain whether such construction is being raised in terms of the Scheme and pass a reasoned order upon granting further opportunity of hearing to all concerned including the petitioner and the private respondent, if required, in accordance with law. The entire exercise shall be concluded within four weeks from the date of communication of this order. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event it is found that the construction is being raised in violation of the Scheme, necessary steps be taken by the authority at the earliest. The writ petition is disposed of accordingly. There shall, however, be no order as to costs.
3 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.)