In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side 29 15.7.2026 Sc Ct. no.15 Case No. : WPA 15482 OF 2026 In the matter of : Lakshmirani Naskar & Ors. …. Petitioners VS. The State of West Bengal & Ors. ….Respondents For the Petitioners: Mr. Mrinal Kanti Ghosh Ms. Bipasha Bhattacharyya. ….Advocates For the Respondent Nos. 1 to 5: Ms. Aishwarya Rajyashree Mr. Srinjoy Das. ….Advocates For the Respondent Nos.8, 9 & 11: Mr. Chandra Nath Sarkar ….Advocate For the Respondent Nos. 12 to 16: Mr. Sayan Banerjee ….Advocate Affidavit of service, filed in Court today, is taken on record. The Panchayat is not represented despite service. The petitioners and the private respondents are admittedly co-sharers in respect of the plot in question which is recorded as ‘Sali’ in the L.R. Record of Rights. The petitioners allege that the private respondents have raised construction therein without conversion of the land and without obtaining sanction from the concerned Panchayat. They submitted a representation in this 2 regard before the concerned authority on 15th June, 2026 and seek consideration of the same. Opposing such allegation, learned counsel for the private respondent nos. 12 to 16 submits that these respondents have obtained a Conversion Certificate converting the land from ‘Sali’ to ‘Dokan’. They have applied for sanctioned building plan before the concerned Panchayat. Learned counsel for the respondent nos. 8, 9 and 11 submits that the 8th respondent has constructed a mud house in the plot in question sometime in 1962. The 9th respondent is raising construction under the Pradhanmantri Awas Yojana Scheme for which no sanction is required. The 11th respondent has raised construction at the ground level to prevent erosion of soil. It is evident that no sanctioned building plan has been obtained by the respondent nos. 12 to 16 prior to raising construction in the plot in question. The contention of the parties need to be verified by the appropriate authority. Since the representation submitted by the petitioners in this regard is pending, the Pradhan, Mayahowri 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 petitioners and the private respondents, in accordance with law. 3 The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereafter. 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. 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.)