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2026 DAILYLAW 30256 (CAL)

AGASTI CHARAN GHOSH v. THE STATE OF WEST BENGAL AND ORS

RVW/149/2026 · 2026-07-24

Ajay Kumar Gupta, Rajasekhar Mantha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl. No.1 24.07.2026 Court no.13 sp R.V.W. 149 of 2026 With CAN 1 of 2026 With CAN 2 of 2026 In FMA 135 of 2024 Agasti Charan Ghosh Versus The State of West Bengal & Ors. Sk. Md. Galib, Mr. Tarun Kumar Das, Mr. Sujit Bhunia. ..for the applicant. Mr. Saikat Banerjee, ld. Sr. Adv. Mr. Kaushik Dey, Mr. Sutirtho Das, Mr. Bidhan Modak. … for the respondent no. 7. Re: CAN 1 of 2026 1. CAN 1 of 2026 has been filed seeking condonation of delay of 317 days in filing the instant review application. 2. Sufficient grounds are available to explain the delay in filing the review application. 3. Hence, the delay is condoned. 4. Accordingly, CAN 1 of 2026 is allowed and disposed of. Re: RVW 149 of 2026 5. Review is sought of this Court’s order dated 9th June, 2025 on the ground that the petitioner had applied for sanction of building plan before the Panchayat on 29th October, 2021, on a plot of land that was agricultural. He claims that he had applied for conversion on the land from agricultural to residential on 19th September, 2022. Such conversion was permitted by the authority vide communication dated 20th October, 2022. 6. The applicant claimed the benefit of the provision of deemed sanction for construction in terms of Rule 30 of the West Bengal Panchayat Rules since there was no reply to his application for sanction of plan by the Pradhan of the concerned Gram Panchayat. 7. Learned counsel for the respondents submits that construction was effected on the property in 2016. He further submits that along with the purported application for sanction dated 29th October, 2021, the petitioner has referred to an application for conversion of land from agricultural to residential dated 20th October, 2022 which is impossible. 8. This Court has carefully heard the arguments advanced by the review applicant Mr. Galib and the learned counsel Mr. Saikat Banerjee for the respondents. This Court’s mind is not free from doubt that the petitioner’s guilty of material suppression of fact, misstatement thereof and a clear attempt to mislead this Court. 9. Firstly, the petitioner could not have applied for any sanction plan on the property without converting the land from agricultural to residential. The hand written letter dated 2nd August, 2021 appears ex facie to be fictitious and fraudulent. The petitioner as on the said date had not even applied for conversion of his land from agricultural to residential. The application was made admittedly on 29th October, 2021. 2 10.In the light of the above, this Court is of the view that the review applicant and the writ petitioner/original appellant have no respect to law much less judicial proceeding. This Court is, therefore, inclined to dismiss the review application being RVW 149 of 2026 with exemplary costs assessed at Rs. 21,000/- payable by the review applicant to the Jamirapal Gram Panchayat. 11.In default of making payment within a period of one month from date, the concerned Panchayat shall be entitled to collect the said costs from the review applicant as arrears of revenue or under the Bengal Public Demands Recovery Act, 1913. 12.Consequently, CAN 2 of 2026 shall also stand dismissed. 13.There shall be no order as to costs. 14. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) 3