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2026 DAILYLAW 28921 (CAL)

MST SETARA KHATUN AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/16821/2026 · 2026-07-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31 jdt. 21.07.2026 jb. WPA 16821 of 2026 (Mst Setara Khatun & Ors. vs. State of West Bengal & Ors.) Mr. Arkaprobho Roy Ms. Sarmistha Basak Mr. Wasim Akarm …. For the Petitioners Mr. Indrajit Roy Chowdhury Mr. Jaydipta Mandal …. For the State Mr. Jayanta Kumar Das Mr. Gourav Das Mrs. Madhumanti Das …. For the Respondent nos. 5-10 Affidavit of service filed on behalf of the petitioners is taken on record. Report submitted by the State is taken on record. On prayer of the petitioners liberty is granted to implead the Sub-Divisional Officer, Chanchal Sub- Division as respondent no. 13 in the writ petition. The cause title of the writ petition be amended accordingly. Since the State is represented, service of notice upon the added respondent is dispensed with. The petitioners who are the Pradhan and members of Malior-I Gram Panchayat submitted applications under Sections 11(1)(d) and 11 (1)(e) of the West Bengal Panchayat Act 1973 for removal of the private respondents who are also members of the Panchayat, before the Prescribed Authority and Block Development Officer, Harishchandrapur II Block Development and seek consideration of the same. 2 Learned counsel for the private respondents submits that since the Sub-Divisional Officer is the Prescribed Authority to deal with such applications, the applications submitted before the Block Development Officer have no leg to stand upon. Learned counsel seeks dismissal of the writ petition. It appears from the report submitted by the State that the applications submitted before the Block Development Officer have been forwarded to Sub- Divisional Officer/Prescribed Authority to deal with the same in accordance with law. Though no time frame has been prescribed under Section 11 of the Act for consideration of the applications made under the said provision of law, the applications need to be considered and disposed of at the earliest in order to ensure smooth functioning of the Panchayat. In view of the above, the Sub-Divisional Officer, Chanchal Sub-Division, being the 13th respondent herein, is directed to consider and dispose of the applications 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. The writ petition is disposed of. 3 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. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities (Suvra Ghosh, J.)