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2026 DAILYLAW 32700 (CAL)

DEBDULAL DAS v. THE STATE OF WEST BENGAL AND ORS.

WPA/15749/2026 · 2026-08-13

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.08.2026 rc/ct.no.15 Item No.43 WPA No. 15749 of 2026 Debdulal Das Versus The State of West Bengal & Ors. Adv. Robiul Islam Adv. Masooq Rahman Adv. Sumitra Das …for the petitioner Adv. Madhu Jana Adv. Subhajit Das ….for the State Adv. Shamim ul Bari Adv. Asmita Mitra …for the respondent no.8 Report submitted by the State is taken on record. Alleging unauthorized construction raised by the private respondent, the petitioner submitted a representation before the Pradhan, Shantipur-I Gram Panchayat. Since the representation was not considered, the petitioner approached this Court in a writ petition being WPA No. 21543 of 2025. By an order passed on September 17, 2025, a coordinate Bench of this Court directed the Pradhan to consider the representation upon following certain procedure laid down by the Court. The order was not complied with for which a contempt application was filed. During pendency of the contempt application, the Pradhan, Shantipur-I Gram Panchayat dealt with the issue and by an order passed on December 30, 2025, held that the alleged construction was illegal and was required to be removed. The order was communicated to the Sub-Divisional Officer, Tamluk, Purba Medinipur by the Pradhan by a letter issued on June 17, 2025. The matter is still pending before the Sub- Divisional Officer. This Court is informed that the order passed by the Pradhan has not been assailed before the appropriate forum. In view of the above, The Sub-Divisional Officer, Tamluk Sub-Division, being the 4th respondent, herein is directed to deal with the issue in terms of Section 23(5) of the West Bengal Panchayat Act, 1973 and take the proceeding to its logical conclusion within four weeks from the date of communication of this order. The decision taken by the authority shall be communicated to the parties within a week thereof. 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) 2