27 2277..0077..22002266 Ct. No.15 b.das WPA 15755 of 2026 Abdur Rauf Akhan Vs. The State of W.B. & Ors. Mr. Tanmay Basu Mr. Sayan Banerjee Mr. Rajib Sadhukhan Mr. Manoj Adak …for the petitioner. Mr. Debabrata Mandal Mr. Mir Anwar …for the respondent no.8 Mr. Debabrata Mondal Ms. Sreetama Neogi …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 two-storied building without obtaining sanction from the concerned Panchayat and without leaving any side space. The petitioner submitted a representation before the concerned authority in this regard on 16th June, 2026 and seeks consideration of the same. Per contra, learned counsel for the private respondent submits that the representation submitted by the petitioner was received by the concerned authority on 25th June, 2026. The writ petition has been filed on 3rd July, 2026. The petition is premature and is required to be dismissed. Also, the alleged construction has been raised 2 by the private respondent before about 30 years. The petitioner and the private respondent are co-sharers in respect of the plot in question and both the parties reside therein. The petitioner has constructed a dwelling house in the said property. Learned counsel for the State submits that the construction in question has been raised before about 10 years and no building plan/permission has been accorded by the Panchayat for the said construction. It is a fact that the writ petition has been filed a few days after receipt of the representation by the concerned authority. However, the representation does not appear to have been considered till this date. Therefore though the writ petition may have been filed prematurely, it may be considered today due to passage of time and pendency of the representation till date. The averments of the parties need to be verified 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. 3 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. 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.)