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2026 DAILYLAW 30686 (CAL)

SMT JHARNA BERA AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/16018/2026 · 2026-07-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 28, 2026 (12) ARDR WPA 16018 of 2026 Smt. Jharna Bera & anr. Vs. The State of West Bengal & ors. Adv. Raj Kumar Sain, …for the petitioner. Adv. Salil Kumar Maiti, Adv. Dolan Samanta, …for the respondent nos. 6 & 7. Adv. Aninda Bhattacharya, Adv. Pratap Kumar Yadav, …for the State. Affidavit of service filed by the petitioners is taken on record. The Panchayat is not represented despite service. Learned counsel for the petitioners submits that the private respondents have raised unauthorised construction in L.R. plot nos. 842 and 842/1186 without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation in this regard before the concerned authority on 15th June, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the private respondents have raised construction in plot no. 842 in terms of the sanctioned building plan granted in their favour. They are in no way connected with plot no. 842/1186 and have not raised any construction therein. Learned counsel submits that pursuant to the representation submitted by the petitioners, the date of hearing has been fixed by the Pradhan, Garkamalpur Gram Panchayat on 29th July, 2026. 2 In view of the above, the Pradhan, Garkamalpur Gram Panchayat, being the 4th respondent herein, is directed to deal with the representation submitted by the petitioners and upon hearing both the parties, pass a reasoned order within four weeks from the date of communication of the order, in accordance with law. The order shall be communicated to the parties within a week thereof. 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.)