05.08.2026 rc/ct.no.15 Item No.53 WPA No. 18537 of 2026 Amalendu Mandal Versus The State of West Bengal & Ors. Mr. Srinjoy Das Ms. Sneha Das ..for the petitioner Mr. Mihir Kumar Das Mr. Amit Kumar Roy …for the State Mr. Tanmoy Mukherjee Mr. Diptyendu Kumar Pal ..for the respondent nos. 7 & 8 Affidavit of service filed by the petitioners is taken on record. Service upon the Panchayat has returned with an endorsement “refused” which amounts to good service. Learned counsel for the petitioner submits that the petitioner and the private respondents are co-sharers in respect of the plot in question and a partition suit is pending between them. The private respondents are raising unauthorised construction by filling up the water body in the said plot without conversion of the same and without obtaining sanction from the concerned Panchayat. Learned counsel has taken this Court to a report submitted before the learned trial Court upon holding local inspection of the plot which demonstrates that Dag No. 1033 is a pond, a portion of which is being filled up by raising a pacca construction. Denying such allegation, learned counsel for the private respondents submits that no survey of the plot has been conducted in order to ascertain whether the plot is a water body or not. The local inspection report only demonstrates an opinion of the learned advocate commissioner who held the inspection. The private respondents have raised construction on land classified as “Bastu” under a Government Scheme which does not require sanction from the Panchayat. On prayer of the petitioner, liberty is granted to submit a comprehensive representation ventilating his grievance before the Pradhan, Ramkarchar Gram Panchayat, being the 4th respondent herein. The 4th respondent is directed to consider and dispose of the same within four weeks from the date of receipt thereof upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The parties are at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. 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. 2 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) 3