47 0055..0088..22002266 Ct. No.15 b.das WPA 18354 of 2026 Suman Chakraborty Vs. The State of W.B. & Ors. Mr. Indranuj Dutt Ms. Benajir Sk. Mr. Ashanur Quial …for the petitioner. Mr. Souvik Sen Mr. Atreya Chakraborty …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat and the private respondents are not represented despite service. Alleging unanuthorised construction being raised by the private respondents, the petitioner submitted a representation before the concerned authority seeking demolition of the same. Since the representation was not considered, he approached this Court in a writ petition being WPA 9989 of 2026 wherein by an order passed on 15th May, 2026 this Court directed the Pradhan, Kanaipur Gram Panchayat, to consider and dispose of the same within a stipulated time frame after granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent. In compliance with the said order, the Pradhan took up the issue for consideration and by an order passed on 7th July, 2026 held that the private respondents raised a 2 two-storied wooden house without obtaining sanction from the Panchayat and without converting the classification of the land. The order was sent to the Block Development Officer, Serampore Uttarpara Block for taking necessary action. Section 23(5) of the West Bengal Panchayat Act, 1973 is reproduced hereinbelow for the purpose of adjudication of the issue: “Where any new structure or new building or any addition to any structure or building is being or has been erected or made, as the case may be, in contravention of the provisions of sub-section (1), the permission granting authority shall refer the matter to the Sub-Divisional Officer concerned who may after giving the owner of such building an opportunity of being heard, make an order directing the demolition of the building or a portion of the building, as the case may be, by the owner within such period as may be specified in order and in default, the Sub-Divisional Officer may itself effect the demolition and impose a fine as may be specified by the State Government and recover the cost thereof from the owner as a public demand.” In view thereof, the order passed by the Pradhan is required to be referred to the Sub-Divisional Officer for taking necessary steps under the said provision of law. Accordingly, this Court directs the Pradhan, Kanaipur Gram Panchayat, being the 8th respondent herein, to refer the order dated 7th July, 2026 to the Sub- Divisional Officer, Serampore, being the 5th respondent herein, within 7 days from date. The 5th respondent is directed to deal with the same in terms of Section 23(5) of the Act of 1973 and take necessary consequential steps in accordance with law. 3 The entire exercise shall be completed by the Sub- Divisional Officer within six weeks from the date of receipt of the order dated 7th July, 2026 from the Pradhan. 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.)