BADRUDDOJA MONDAL v. STATE OF WEST BENGAL AND ORS.
WPA/16830/2026 · 2026-07-28
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30902 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30902 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13 jdt. 28.07.2026 jb. WPA 16830 of 2026 (Badruddoja Mondal vs. State of West Bengal & Ors.)
Mr. Arghya Mullick …. For the Petitioner Mr. Arup Dasgupta Ms. Paramita Mondal …. For the State Salauddin Raziuddin …. For the Respondent nos. 8 to 11
Affidavit of service filed on behalf of the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent is raising construction in the plot in question belonging to him by encroaching upon the same and without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 2nd June, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that several litigations are pending between the parties from
2009. The petitioner has no right, title or interest in respect of the plot in question. No construction is being raised by the private respondent in the said
2 plot. The said respondent has only caused some repairs in the existing building therein. I have considered the rival contention of the parties. It is a fact that several disputes including a civil suit are pending between the parties. The right, title and interest of the parties in respect of the plot in question shall be decided by the learned civil Court in accordance with law. Since the petitioner alleges unauthorised construction being raised by the private respondent without obtaining sanction, the Pradhan, Kushmore-II Gram Panchayat, being the 6th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 2nd June, 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 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 allegedly raised by the private respondent is found to be
3 illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. There shall be no order as to costs.
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.)