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Calcutta High Court · body

2026 DAILYLAW 32720 (CAL)

SUKDEB MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/8777/2026 · 2026-08-18

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22 jdt. 18.08.2026 jb. WPA 8777 of 2026 (Sukdeb Mondal vs. State of West Bengal & Ors.) M. A. Samad Ms. Tanaya Banerjee Ms. Priyanka Sharma Taher Ahmed …. For the Petitioner Mr. Madhu Jana Mr. Rahul Agarwala …. For the State Mr. Debasis Sur Ms. Rekha Das Mr. Mrinmay Chatterjee …. For the Respondent nos. 8-10 Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner alleges that the private respondents have raised construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before several authorities on 10th March, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the private respondents submits that the respondents applied for sanction of building plan before the concerned Panchayat on 2nd April, 2013 but learned counsel is unable to apprise the Court whether such sanction was granted by the Panchayat. In view of the fact that the private respondents are unable to produce any document to demonstrate that the construction raised by them is in terms of sanctioned 2 building plan granted to them and also since the representation submitted by the petitioner in this regard is pending, the Pradhan, no. 6 Benai Gram Panchayat, being the 6th 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 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/unauthorised, the concerned authority shall take necessary steps in accordance with law. 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.)