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2026 DAILYLAW 33305 (CAL)

MD ANOWAR ALI GAZI v. STATE OF WEST BENGAL AND ORS.

WPA/9168/2026 · 2026-08-20

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 2200..0088..22002266 Ct. No.15 b.das WPA 9168 of 2026 Md. Anowar Ali Gazi Vs. The State of W.B. & Ors. Mr. Partha Sarathi Das S.M.U.E. Sadhique Ms. Maria Sharwari Ms. Purnima Panda Ms. Swarnali Ghosh …for the petitioner. Mr. Arka Bhattacharya …for the State. Mr. Tapas Kr. Mondal Mr. Partha Sarathi Basu…for the Zilla Parishad. Affidavit of service filed by the petitioner is taken on record. Learned counsel for the petitioner submits that there is a nayanjuli/suti khal adjoining the petitioner’s property and the petitioner seeks to construct a culvert over the same for free egress and ingress from/to his property. He sought a no objection from the Irrigation and Waterways Department for the purpose. The Sub- Divisional Officer, Diamond Harbour, Irrigation Sub- Division, by a letter issued to the Executive Engineer-II, Canals Division on 25th February, 2026, has informed that the Zilla Parishad, South 24 Parganas is the competent authority to grant such No Objection Certificate. The petitioner submitted a representation before the Zilla Parishad through his learned advocate on 11th March, 2 2026 in this regard which is pending. The petitioner seeks consideration of the same. In view of the no objection sought by the petitioner from the Zilla Parishad authority, the Additional District Magistrate, South 24 Parganas and Additional Executive Officer, Zilla Parishad, 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, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. 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.)