Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 31181 (CAL)

MIR SAHIN AKTAR v. STATE OF WEST BENGAL AND ORS.

WPA/16386/2026 · 2026-07-29

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

July 29, 2026 (46) ARDR WPA 16386 of 2026 Mir Sahin Akhtar Vs. The State of West Bengal & ors. Adv. Piyas Choudhury, …for the petitioner. Adv. Chandra Nath Sarkar, …for the respondent no.10. Adv. Abu Siddique Mallick, Adv. Md. Mainul Haque, …for the respondent no.11. Adv. Indrajit Roy Chowdhury, Adv. Jaidipta Mandal, …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner alleges that the private respondents are raising construction by filling up water body in the plot of land classified as ‘pukur’ without conversion of the same and without obtaining sanction from the concerned Panchayat. The petitioner submitted representations before the concerned authority on 11th July, 2025 and 14th November, 2025 respectively which are yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsels for the 10th and 11th respondents submit that no construction is being raised in the plot in question. Learned counsel for the 10th respondent submits that the 10th respondent has constructed a guard wall on the bank of the water body and has not constructed anything further. This Court is informed that a civil suit is pending between the parties wherein an order of status quo has been granted by the learned trial Court upon both the parties. 2 The contention of the parties need to be verified by the appropriate authority. Since the representations submitted by the petitioner are pending, the Pradhan Kalikapur I Gram Panchahat, being the 8th 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 respondents, in accordance with law. It is made clear that the 8th respondent shall not deal with the allegation of encroachment of the plot raised by the petitioner and shall restrict himself to the allegation of unauthorised construction allegedly raised by filling up water body and without sanction. 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 respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)