Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 29223 (CAL)

KALAM SK. v. STATE OF WEST BENGAL AND ORS.

WPA/15299/2026 · 2026-07-20

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 20, 2026 (13) ARDR WPA 15299 of 2026 Kalam Sk Vs. The State of West Bengal & ors. Adv. Kingsuk Mondal, Adv. Suman Das, …for the petitioner. Adv. Samsnddoha Khan, ...for the respondent no.9. Adv. Samir Kumar Datta, Adv. Abhishek Chakraborty, …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner claims to be a co-owner of the plot in question along with private respondent and others and alleges that the private respondents are running a haat/ vegetable market in a portion of the plot without obtaining any sanction from the Panchayat samity and without consent of the other co-sharers. The petitioner submitted a representation in this regard before the concerned authority on 14th October, 2025 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent produces a copy of the license granted by Hariharpara Panchayat Samity on 4th November, 2025 to the private respondent and two other co-sharers for continuing with the haat in the plot in question along with other plots. The license has expired on 31st March, 2026. Learned counsel submits that the private respondent has 2 sought renewal of the same before the Panchayat samity which is pending. In view of the fact that on one hand, the petitioner alleges that the private respondent is carrying on business in the plot in question without the sanction and on the other hand, the private respondent submits that license has been granted by the Panchayat samity for the purpose which is pending for renewal, the contention of the parties need to be verified by the appropriate authority. Since the representation submitted by the petitioner is pending, the Executive Officer, Hariharpara Panchayat Samity-cum- Block Development Officer, Hariharpara Block, being the 6th 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 petitioner and the private respondent, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the concerned authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the license granted by the authority is not extended or is found to be invalid/irregular, the concerned authority shall take necessary steps in accordance with law. The writ petition is accordingly disposed of. There shall however, be no order as to costs. 3 Since no affidavit is invited, the allegations contained in the 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.)