24.08.2026 rc/ct.no.15 Item No.11 WPA No. 19852 of 2025 Sri Dinesh Sarkar Versus The State of West Bengal & Ors. Adv. Saptarshi Kumar Kundu …for the petitioner Adv. Anita Kundu Adv. Rhitam Chatterjee …for the State Affidavit of service filed by the petitioner is taken on record. Service upon the Pradhan has returned with an endorsement “refused” which amounts to good service. The Pradhan is not represented despite service. The petitioner claims to be the owner of 10 decimals of land in R.S.Dag No. 849 and 2 decimals of land in L.R.Dag No. 1165 by virtue of a registered deed dated July 29, 2025. Learned counsel for the petitioner submits that the petitioner has been running a shop room in the said land since 2013. The shop room is made of corrugated tin and has a tin roof. The Panchayat has served three notices upon the petitioner, the last one during pendency of the writ petition, asking him to remove the said construction. The petitioner submitted a representation in this regard before the concerned authority through his learned advocate on June 15, 2026 which is yet to be considered. According to the petitioner, the corrugated tin structure wherein the petitioner runs a shop is continuing from 2013 and no sanction from the Panchayat is required for raising such structure. The claim of the petitioner needs to be considered by the concerned Panchayat before taking any steps pursuant to the notices issued by the authority. Since the representation submitted on behalf of the petitioner on June 15, 2026 is pending, the Pradhan, Baganchra 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 the petitioner, in accordance with law. The petitioner shall be at liberty to produce relevant documents in support of his contention before the concerned authority at the time of hearing. The decision taken by the authority shall be communicated to the petitioner within a week thereof. The State is restrained from demolishing the alleged structure till disposal of the representation. The petitioner shall continue with his business in the said shop room till the representation is disposed of. 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. 2 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3