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Calcutta High Court · body

2026 DAILYLAW 30532 (CAL)

SARBANI PAUL v. STATE OF WEST BENGAL AND ORS.

WPA/16862/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 27, 2026 (37) ARDR WPA 16862 of 2026 Sarbani Paul Vs. The State of West Bengal & ors. Adv. Avijit Ganguly, …for the petitioner. Adv. Chandan Misra, …for the respondent nos. 7 to 9. Adv. Sundar Gopal Bhattacharya, Adv. Palash Bapari, …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. Learned counsel for the petitioner submits that the private respondents have been trying to encroach upon a portion of the petitioner’s property and are raising construction therein in violation of the order of status quo passed by the learned civil Court as well as without obtaining sanction from the concerned Panchayat and in violation of building rules. The petitioner filed a civil suit against the private respondents wherein the order of status quo was granted. The suit is still pending. On prayer of the petitioner, liberty is granted to submit a comprehensive representation before the concerned authority with regard to the alleged unauthorised construction being raised by the private respondents without obtaining sanction from the Panchayat and in violation of building rules within a week from date. The Pradhan, Belpukur Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the same within four weeks from the date of 2 receipt thereof 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 petitioner within a week thereof. In the event the construction raised by the private respondents is found to be without sanctioned building plan or in violation of building rules, the concerned authority shall take necessary steps in accordance with law. It is made clear that violation of the order of status quo granted by the civil Court and the allegation of encroachment of petitioner’s property by the private respondents shall be dealt with by the learned civil Court in accordance with law. The 5th respondent shall only deal with the allegation of unauthorised construction raised without obtaining sanction from the concerned Panchayat and in violation of building rules. 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.)