MILAN KUMAR BARMAN v. STATE OF WEST BENGAL AND ORS.
WPA/17716/2026 · 2026-07-31
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31675 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31675 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27 3311..0077..22002266 Ct. No.15 b.das
WPA 17716 of 2026
Milan Kumar Barman
Vs.
The State of W.B. & Ors.
Mr. A. K. Bhattacharya Mr. Tapas Kr. Roy Ms. Bratati Chakraborti …for the petitioner.
Mr. Amal Krishna Samanta Mr. Arun Kumar Das …for the respondent no.9.
Mr. Sukanta Ghosh Mr. Argha Chatterjee
…for the State.
Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent is raising construction in the plot in question without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation before the concerned authority in this regard on 23rd March, 2026 and seeks consideration of the same. Opposing such allegation, learned counsel for the private respondent submits that the private respondent is raising construction under the Banglar Bari (Gramin) Scheme for which no sanction is required. The construction is being raised in LR Dag no.1770 which is recorded in his name in the LR Record of Rights. The contention of the parties needs to be verified by the
2 appropriate authority. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Nilkunthia Gram Panchayat, 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 respondent 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 respondent is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)