17.07.2026 Court No. 12 Item No.03 GB MAT 1145 of 2026 With CAN 1 of 2026 Tapan Ghosh & Anr. Vs. The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal), Ms. Biswarup Chatterjee …for the Appellants. Mr. D.N. Roy, Ld. GP., Ms. Susmita Saha Dutta, Ld. AGP., Ms. Priya Sarker … for the State. Mr. Siddhartha Sarkar, Mr. Sourav Gupta … for the Respondent No.9. 1. Affidavit-of-service filed in Court today, is taken on record. 2. We are informed that the encroachment on the panchayat road on L.R. Plot No.1617 (classified as ‘Rasta’) has been removed. The said land is a panchayat road as per the land records and has been recorded in favour of Digalgram Anchal Panchayat in Khatian No.148/1. 3. We also find that the learned Single Judge had categorically recorded that the order of the Sub- Divisional Officer directing the Block Development Officer Indas, to demolish the construction on the said plot, if the persons responsible for the said construction did not do so, was not challenged by the appellants. The order attained finality. Rather, a suit was filed for a 2 declaration that there was no encroachment on the Rasta. 4. Under such circumstances, we are not inclined to interfere with the order impugned, as we find that the said order has been carried out, insofar as, the encroachment on L.R. Plot No.1617 is concerned. The panchayat authorities have the duty under the law, to remove constructions from panchayat roads. However, with regard to the other allegations of overt acts of the authorities in respect of other plots, especially LR Plot No. 1615, we leave it open to the appellants to take appropriate steps in accordance with law. 5. Accordingly, the appeal and the connected application are disposed of. 6. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)