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2026 DAILYLAW 30780 (CAL)

SAHIDUL ISLAM MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/16613/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18 jdt. 27.07.2026 jb. WPA 16613 of 2026 (Sahidul Islam Mondal vs. State of West Bengal & Ors.) Mr. Mrinal Kanti Ghosh …. For the Petitioner Mr. Debangshu Biswas Mr. Deo Nath Sonkar …. For the State Mr. Shibasis Chatterjee …. For the Respondent no. 7 Affidavit of service filed on behalf of the petitioner is taken on record. The Panchayat is not represented despite service. Learned counsel for the petitioner submits that the private respondent obtained sanction for raising construction in L. R. Plot no. 4473 despite which he is raising construction in L.R. Plots nos. 2318/8361 and 4421/8093 which are classified as ‘Aush’ in the L. R. record of rights without conversion of the same and without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 25th June, 2026 and seeks consideration of the same. Denying such contention, learned counsel for the private respondent submits that the private respondent obtained sanctioned building plan for raising construction in L. R. plot no. 4473 but no 2 construction has been started therein till date. He has two tin shed shop rooms in plot no. 2318/8361 and has constructed a residential house in plot no. 4421/8093 before about 16 years upon obtaining sanctioned building plan for the same. The contention of the parties need to be verified by the appropriate authority. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Chhaighari 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 are at liberty to produce all relevant documents in support of their respective contention before the concerned authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction allegedly raised by the private respondent is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. There shall be no order as to costs. 3 Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)