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2026 DAILYLAW 32435 (CAL)

SK. TAIBUL HOSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/18074/2026 · 2026-08-19

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

33 jdt. 19.08.2026 jb. WPA 18074 of 2026 (Sk. Taibul Hossain vs. State of West Bengal & Ors.) Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya Ms. Priyanka Jan …. For the Petitioner Mr. Tapas Kr. Chatterjee Mr. Kasinath Bhattacharya …. For the State Report submitted by the State is taken on record. The contention of the petitioner has been recorded in the order passed on 5th August, 2026. It is not in dispute that in terms of the decree passed by the learned civil Judge, Judicial Division, 2nd Court, Arambagh in title suit no. 64 of 2015 on the basis of compromise arrived at between the parties, the petitioner has been declared to be a premises tenant in respect of the shop room in question and has been directed to pay enhanced rate of Rs.953/- per month which would be enhanced by 5 per cent every three years. The letter issued by the Panchayat Samiti on 28th August, 2025 is clearly in violation of the said term. Since the judgment delivered by the learned civil Court has not been assailed by the Panchayat Samiti before the appropriate forum, strict compliance of the said judgment is expected. In view of the fact that the letter impugned dated 28th August, 2025 is de hors the terms of compromise arrived at between the parties which is part of the judgment, the said letter is set aside/quashed. The Executive Officer, Arambagh Panchayt Samiti, being the 6th respondent herein is directed to adhere to the terms of compromise arrived at by and between the parties and made part of the judgment in its true letter and spirit. He is at liberty to enhance the rate of rent of the petitioner in terms of the said judgment. The writ petition is disposed of. There shall be no order as to costs. 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.) 2