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2026 DAILYLAW 30940 (CAL)

PRASAD GOLDER v. STATE OF WEST BENGAL AND ORS.

WPA/17322/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

43 jdt. 27.07.2026 jb. WPA 17322 of 2026 (Prasad Golder vs. State of West Bengal & Ors.) Shaher Shah Shahjahan Ms. Sangita Sarkar …. For the Petitioner Mr. Anirban Mitra Ms. Megha Sarkar …. For the State Mr. Arghadip Das …. For the Respondent no. 6 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 unauthorised construction in the plot in question classified as Sali 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 March, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the application for conversion of the classification of the land submitted by the private respondent before the Block Land and Land Reforms Officer, Kulpi, is 2 pending. The property was originally owned by three brothers out of whom two brothers sold out their respective portions in favour of the private respondent. The petitioner is the son of the third brother who has retained his portion. No construction is being raised by the private respondent in the said plot. The said respondent has only placed bricks in the plot for the purpose of planting trees. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitionr in this regard is pending, the Pradhan, Kamarchok Gram Panchayt, being the 4th 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 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. The writ petition is disposed of. 3 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.)