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Calcutta High Court · body

2026 DAILYLAW 31648 (CAL)

TANUSHREE MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/17635/2026 · 2026-07-31

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25 3311..0077..22002266 Ct. No.15 b.das WPA 17635 of 2026 Tanushree Mondal Vs. The State of W.B. & Ors. Mr. Bhaskar Chakraborty Mr. Debanjan Chatterjee …for the petitioner. Mr. Ankit Chaturbedy Ms. Shreya Srivastava Ms. Torsa Min Bahar …for the respondent nos.5 & 6. Mr. Debangshu Biswas Ms. Aparna Bose …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner alleges that the private respondents have raised construction in plot nos.1101, 1103, 1104 and 1105 in Khatian Nos.352, 353 and 354 under Mouza- Taherpur without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation before the concerned authority in this regard and seeks consideration of the same. Learned counsel for the private respondents produces copy of a sanctioned building plan which prima facie suggests that sanction for construction has been granted in Dag nos.1104 and 1105. However, the private respondents have not been able to produce any document 2 to indicate that such sanction was granted in respect of the construction in Dag nos.1101 and 1103. The issue needs to be verified by the appropriate authority. Since the representation submitted by the petitioner before the authority is pending, the Pradhan, Gohagram Gram Panchayat, being the 2nd 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. The parties shall be at liberty to produce relevant documents in support 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 respondents is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. It is made clear that the 2nd respondent shall deal with the allegation of unauthorized construction made by the private respondent without obtaining sanction. The allegation of encroachment of the petitioner’s land shall be dealt with by the appropriate civil forum. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. 3 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.)