RUPCHAND GORAIN v. THE STATE OF WEST BENGAL AND ORS.
WPA/10408/2024 · 2026-08-13
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32235 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32235 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.08.2026 rc/ct.no.15 Item No.38 WPA No. 10408 of 2024 Rupchand Gorain Versus The State of West Bengal & Ors. Adv. Ujjwal Roy Adv. Aritra Bhattacharya Adv. Suryadipta Bairagya Adv. Suman Dutta Adv. B. Kumar
…for the petitioner Adv. Madhu Jana Adv. Puja Sonkar ….for the State Adv. Pawan Kumar Gupta Adv. Nikhil Kumar Gupta Adv. Sofia Naser Adv. Santanu Sett Adv. Soma Chakraborty…for the private respondent Alleging unauthorized construction raised by the private respondent, the petitioner submitted a representation before the Pradhan, Sonaijhuri Gram Panchayat. Since the representation was not considered, he approached this Court in a writ petition being WPA No. 12144 of 2023. By an order passed on October 09, 2023 a coordinate Bench of this Court directed the Pradhan to consider and dispose of the representation after giving an opportunity of hearing to all the necessary parties within a stipulated timeframe. The Court also directed that in the event the Pradhan was of the considered opinion that the construction was made either in violation of the plan sanctioned or devoid of sanctioned plan, necessary steps would be taken to deal with such unauthorized
construction. In compliance with the said order, the Pradhan dealt with the issue and by an order passed on January 08, 2024, held that the construction was raised without obtaining any permission from the Sonaijhuri Gram Panchayat. The Panchayat took a resolution in a general body meeting held on January 05, 2024 that the construction should be demolished under Section 23 of the West Bengal Panchayat Act, 1973. The private respondent assailed the said order before this Court in a writ petition being WPA No. 8159 of 2024. By an order passed on March 17, 2025, this Court disposed of the writ petition affirming the order of the Pradhan and directing the Pradhan to take recourse to Section 23(5) of the Act of 1973 in carrying out the demolition of the construction in the plot in question. The petitioner seeks implementation of the order passed by the Pradhan. Learned counsel for the private respondent produces copy of a letter issued by the Assistant Director and Block Land and Land Reforms Officer, Purulia-I on June 23, 2025 to the Sub-Divisional Magistrate, Purulia Sadar informing that the encroachment over the plots in question were completely removed and the disputed structure completely demolished.
Learned counsel submits that writ petition has become infructuous since the disputed construction has already been removed. Refuting such contention, learned counsel for the petitioner submits that the disputed construction has 2
nothing to do with the unauthorized construction which is still standing on the plots in question. In view of the order of the Pradhan passed on January 08, 2024 which was affirmed by this Court, a copy of the said order be sent to the Sub-Divisional Officer, Purulia Sadar, being the 3rd respondent herein, directing him to take necessary steps in terms of the said order as well as in terms of Section 23(5) of the Act of 1973 within four weeks from the date of communication of this order. 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