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2026 DAILYLAW 29329 (CAL)

SANTWANA HATI v. THE PRODHAN, BELKASH GRAM PANCHAYAT AND ORS

WPA/14621/2026 · 2026-07-20

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 20, 2026 (13) ARDR WPA 14621 of 2026 Santwana Hati Vs. The Prodhan, Belkash Gram Panchayat & ors. Adv. P.K. Bhattacharyay, …for the petitioner. Adv. Uttiya Ray, Adv. Atish Santra, …for the respondent no.5. Adv. Falguni Majhi, …for the Burdwan Dev. Authority. Adv. Dibashis Basu, Adv. Amit Baran Dash, …for the State. Affidavit of service filed by the petitioner and copy of the representation submitted by the private respondent are taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent is raising construction without obtaining sanction from the concerned Panchayat. Several representations submitted by the petitioner in this regard before the concerned authority have fallen on deaf ears. The petitioner seeks consideration of the same. Opposing such allegation, learned counsel for the private respondent submits that the private respondent is raising construction in terms of the sanctioned plan granted in his favour. The present writ petition is a retaliation of the allegation made by the private respondent with regard to unauthorised construction being raised by the petitioner without obtaining sanction. The private respondent seeks consideration of the representations submitted by both the parties. 2 In view of the above, this Court is inclined to hold that since both the parties allege unauthorised construction being raised without obtaining sanction from the concerned Panchayat, the Pradhan, Belkash Gram Panchayat, being the 1st respondent herein, is directed to consider and dispose of the representations submitted by both the parties before him 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 construction raised by either party is found to be illegal/unauthorised, 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. 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.)