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2026 DAILYLAW 34164 (CAL)

SUBARNA MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/18151/2026 · 2026-08-07

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.08.2026 rc/ct.no.15 Item No.13 WPA No. 18151 of 2026 Subarna Mondal Versus The State of West Bengal & Ors. Mr. Tapojit Dey Ms. Ishita Ghosh Mr. S. Kumar Shaw ..for the petitioner Mr. Samrat Mukherji Mr. Vinayak Chaubey …for the State Affidavit of service filed by the petitioner is taken on record. The Panchayat and the private respondent are not represented despite service. The petitioner is the married daughter of Smt. Jharna Sarkar who has executed a special power of attorney in her favour on June 29, 2026 authorising her to file the present application. The petitioner alleges that the private respondent who is a neighbour of her mother is raising unauthorized construction on his property without leaving mandatory open space, in violation of the building rules of the Panchayat. The petitioner’s mother submitted a representation in this regard before the concerned authority on June 08, 2026 which is yet to be considered. The petitioner seeks consideration of the same. In view of the allegation raised by the petitioner, the Pradhan, Duttapulia Gram Panchayat, being the 3rd respondent herein, is directed to consider and dispose of the representation submitted by the petitioner’s mother dated June 08, 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 respondent, 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 respondent 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) 2