29.07.2026 rc/ct.no.15 Item No.55 WPA No. 17459 of 2026 Majibar Rahaman Molla Versus The State of West Bengal & Ors. Mr. Saumen Gayen Mr. Sandipan Maity ..for the petitioner Mr. Rudradev Bagchi Ms. Suva Gayen …for the State Mrs. Pampa Dey (Dhabal) Mrs. Sangita Banerjee Mrs. Debangana Dey ..for the private respondent Affidavit of service filed by the petitioners is taken on record. The Panchayat is not represented despite service. The petitioner alleges that private respondents have raised unauthorised construction on the undivided plot of land which is classified as “Sali” in the L R record of rights without conversion of the same and without obtaining sanction from the concerned Panchayat. The parties are co-sharers in respect of the said plot. In response to applications made by the petitioner under the Right to Information Act, 2005, he has been informed that no sanction has been granted by the Panchayat to the private respondent for raising construction in the plot in question. The petitioner submitted a representation before the concerned authority in this regard on June 06, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that three civil suits are pending by and between the parties in respect of the right, title and interest of the parties in the plot in question. The structure standing in the plot is a very old one and no recent construction has been made therein. The contention of the parties need to be considered by the appropriate authority. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Monirtat Gram Panchayat, being the 6th 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 shall be at liberty to produce relevant documents in respect 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/unauthorised, the concerned authority shall take necessary steps in accordance with law. 2 The writ petition is disposed of. 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) 3