SOUMITRA GHORAI AND ANR v. STATE OF WEST BENGAL AND ORS.
WPA/16169/2026 · 2026-07-15
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28710 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28710 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15.07.2026 rc/ct.no.15 Item No.38 WPA No. 16169 of 2026 Soumitra Ghorai & Anr. Versus The State of West Bengal & Ors. Mr. Shahan Shah Mr. Soumen Barman ..for the petitioner Mr. D.N.Ray, Ld. G.P. Mr. Madhu Jana Mr. Rahul Agarwala Mrs. Puja Sonkar …for the State Mr. Bikram Banerjee Mr. Sagar Dey …for the respondent nos.6-9 Affidavit of service filed by the petitioners is taken on record. The Panchayat and the 10th respondent are not represented despite service. The petitioners allege that the private respondents are raising unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation in this regard before the concerned authority on July 01, 2026 and seek
consideration of the same.
Learned counsel for the private respondents no. 6 to 9 submits that the parties are co-sharers and a civil suit is pending between them. These respondents have allegations against the petitioners which also need to be addressed.
Upon consideration of the submission made on behalf of the parties this Court is inclined to hold that in the event the private respondents have any allegation against the petitioners, liberty is granted to them to approach the appropriate forum for redressal of their grievance. Since the representation submitted by the petitioners is pending, the Pradhan, Shibrampur Gram Panchayat, being the 3rd 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. 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, 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. 2
(Suvra Ghosh,J) 3