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2026 DAILYLAW 31276 (CAL)

TAPAN CHATTERJEE @ CHATTOPADHYAY AND ANR. v. THE STATE OF WEST BENGAL AND ORS.

WPA/17326/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

44 jdt. 27.07.2026 jb. WPA 17326 of 2026 (Tapan Chatterjee @ Chattopadhyay & Anr. vs. State of West Bengal & Ors.) Mr. Sanjib Seth …. For the Petitioners Mr. D. N. Roy Mr. Madhu Jana Mr. Subhajit Das …. For the State Mr. Amit Singh …. For the Private Respondent nos.15-18 and 20-22 Affidavit of service filed on behalf of the petitioners is taken on record. Learned counsel for the petitioners submits that the petitioners and the private respondents are co-sharers in respect of the plot in question. The petitioners reside in a single storied building in the said plot and the private respondents occupy a three storied building beside that of the petitioner. The building occupied by the private respondents is extremely damaged and dilapidated, thereby endangering the life and property of the petitioners for which the petitioners made several requests to the private respondents to repair/maintain the said building, but to no effect. The petitioners submitted representations before the concerned Panchayat seeking a direction upon the private respondents to either repair or demolish the dilapidated building, several portions of which have already collapsed. 2 The representation is yet to be considered. The petitioners seek consideration of the same. Learned counsel for the private respondent nos. 15 to 18 and 20 to 22 submits that it is a fact that the building in question is in a dilapidated condition and most of the respondents reside elsewhere. In view of the fact that the building in question is in a dilapidated condition and portions of the same have already collapsed, the Pradhan, Andul Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the representation submitted by the petitioners within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the building is found to be in a dilapidated condition or beyond repairs, 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. 3 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.)