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Calcutta High Court · body

2026 DAILYLAW 33717 (CAL)

RAFIKUL ISLAM v. THE STATE OF WEST BENGAL AND ORS.

WPA/17875/2026 · 2026-08-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23 jdt. 21.08.2026 jb. WPA 17875 of 2026 (Rafikul Islam vs. State of West Bengal & Ors.) Mr. Sarthak Burman Mr. Sourav Saha …. For the Petitioner Mr. Santosh Kr. Pandey Mr. Dipnarayan Chakraborty …. For the State Mr. Sarbananda Sanyal Ms. Paulami Chakraborty Mr. Samrat Chakraborty …. For the Private Respondents Affidavit of service filed on behalf of the petitioner and the report submitted by the State are taken on record. The petitioner alleges that the private respondents are raising unauthorised construction on a plot of land recorded as haat without conversion of the same and without obtaining sanctioned plan from the concerned Panchayat. It is not in dispute that the plot in question is recorded as haat in the L. R. record of rights. This Court is informed that a title suit is pending between the private respondents and the owners of the property in respect of the property in question. Be that as it may, since the petitioner alleges that the private respondents have raised construction without conversion of the land and without obtaining sanction from the Panchayat, the Pradhan, Jarur Gram 2 Panchayat, being the 7th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 29th June, 2026 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.)