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2026 DAILYLAW 30445 (CAL)

ANIMA HALDAR v. STATE OF WEST BENGAL AND ORS.

WPA/15917/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28 2277..0077..22002266 Ct. No.15 b.das WPA 15917 of 2026 Anima Haldar Vs. The State of W.B. & Ors. Mr. Tanmay Basu Mr. Sayan Banerjee Mr. Rajib Sadhukhan Mr. Manoj Adak …for the petitioner. Md. Zeeshanuz Zaman …for the respondent. Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay …for the State. Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent has raised construction of a four-storied building without obtaining sanction from the concerned Panchayat and the cantilevers of the building extend towards the public road. The construction is also obstructing the egress and ingress of the petitioner who has food shop near the said building. The petitioner submitted a representation before the concerned authority in this regard on 27th June, 2026 and seeks consideration of the same. Denying such allgation, learned counsel for the private respondent submits that the petitioner has no food shop near the alleged construction and has therefore not been able to produce any document with regard to the 2 same. The private respondent purchased the property sometime in 2024 alongwith the construction therein which was raised before about 55 years. No new construction has been made in the plot in question. It appears from the report submitted by the State that a field enquiry was held in the plot and the private respondent refused to produce any building plan/permission granted by the Panchayat. It was found that the building was repaired 5 years ago and 3 feet cantilever was built in front of the building on bazaar road without obtaining permission from the Panchayat in contravention of the West Bengal Panchayat Act, 1973. The disputes raised in the application need to be dealt with by the appropriate authority. Since the representation submitted by the petitioner before the authority is pending, the Pradhan, Dosha Chandaneswar 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 respondent in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. 3 In the event the construction raised by the private respondent is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)