21.07.2026 rc/ct.no.15 Item No.19 WPA No. 15486 of 2026 Mr. Arindom Sain Versus The State of West Bengal & Ors. Mr. Samrat Choudhury Mr. Abhijit Bhattacharyya Mr. Ronit Naskar ..for the petitioner Mr. Arka Bhattacharya …for the State Mr. Auran Samanta ..for the respondent nos.7,8,9 and 10 Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondents are raising construction in the plots in question by filling up water body without obtaining sanction from the concerned Panchayat. In response to the application filed by the petitioner under the Right to Information Act, 2005, the Executive Assistant, Adra Gram Panchayat has informed that no sanction was granted to the private respondents for filling up water body, conversion of the land or raising construction therein. However, the reply records that the private respondents informed the Panchayat that they have been residing in their ancestral house and carrying on business therein for long and have not filled up any water body. The petitioner submitted a representation in this regard before the concerned authority on January 08, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the said respondents raised construction before more than ten years upon obtaining permission from the concerned Panchayat. A title suit has been filed by one of the co-sharers of the property Biswajit Hazra against private respondent nos. 7 and 8 in respect of one of the plots stated in the present application wherein an order of injunction has been prayed for restraining the defendants from raising any construction or interfering with the suit property. It appears that the title suit has been filed by one of the co-sharers of the property in respect of one of the plots involved in the present application. The petitioner is not a party to the said suit. In view of the fact that the representation submitted by the petitioner alleging unauthorized construction being raised by the private respondents is pending, the Pradhan, Adra Gram Panchayat, being the 5th 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 respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. 2 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. (Suvra Ghosh,J) 3