29.07.2026 rc/ct.no.15 Item No.50 WPA No. 17328 of 2026 Sk. Habibur Rahaman Versus The State of West Bengal & Ors. Mr. Sanjib Seth ..for the petitioner Mr. Soumen Kumar Roy Mr. Amit Dey …for the State Mr. Ayan Banerjee Mr. Ajeyo Choudhury Mr. Dhiman Banerjee ..for the private respondent Affidavit of service filed by the petitioners is taken on record. The petitioner alleges that private respondent has raised unauthorised construction on wakf property without obtaining requisite sanction/permission from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on May 13, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the son in law of the private respondent alleged unauthorized construction raised by the petitioner without obtaining sanction from the concerned Zilla Parishad. Pursuant to a complaint submitted by him the Zilla Parishad took up the issue and initiated the proceeding against the petitioner holding the construction raised by him to be illegal/unauthorized. As a retaliation, the present application has been filed. The construction standing on the plot in question is more than thirty years old. The private respondent has been paying taxes and electricity bills for the said construction all throughout. The contention of the private respondent is denied and disputed by the petitioner. The allegation raised by the parties need to be verified by the appropriate authorities. Since the representation submitted by the petitioner before the concerned authority is pending, the Pradhan, Sealdanga Gram Panchayat, being the 7th 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