Extracted from the PDF above. The PDF is authoritative.
23.07.2026 rc/ct.no.15 Item No.15 WPA No. 15313 of 2026 Sri Jyotish Ojha Versus The State of West Bengal & Ors. Mr. Sukumar Ghosh Ms. Moumita Ghosh Ms. Jayashree Dari ..for the petitioner Mr. Mrinal Kanti Sardar Mr. Saumen Gayen …for the State Mr. Tanmay Basu Mr. Rajib Sadhukhan ..for the private respondent Affidavit of service filed by the petitioners is taken on record. The Panchayat is not represented despite service. The petitioner claims to be a co-sharer in respect of the plot in question with the private respondents and others. A partition suit is pending between the parties. The petitioner alleges that the private respondent is raising unauthorised construction in a portion of the plot without obtaining sanction from the concerned Panchayat and in violation of an order of status quo granted by the civil court. The petitioner submitted a representation in this regard before the concerned authority on May 28, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the petitioner has filed several litigations against the private respondent out of
personal grudge. The construction has been raised prior to
2009. The allegation of the petitioner of violation of the order of status quo by the private respondent shall be dealt with by the learned civil court in accordance with law. In so far as the allegation with regard to the unauthorised construction being raised by the private respondent is concerned, the Pradhan, Boinchipota Gram Panchayat, being the 4th respondent herein, is directed to consider and dispose of the representation submitted by the petitioners dated May 28, 2026 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 decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondent 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. 2
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