SHYAMALI TRIPATHI AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/17006/2026 · 2026-08-06
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34452 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34452 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
August 6, 2026 (18) ARDR WPA 17006 of 2026
Shyamali Tripathi & ors. Vs. The State of West Bengal & ors.
Adv. Golam Mastafa, Adv. Tarasankar Samanta, Adv. Surajit Maity, …for the petitioners. Adv. Tarak Nath Sarkar, ...for the respondent nos. 8 & 9. Adv. Saurabh Guha Thakurata, Adv. Abhratanu Sarkar Adv. Aftab Munshi, …for the respondent no.6. Adv. Pramod Kumar Drolia, …for the State.
The petitioners have assailed the order passed by the Pradhan, Chaipat Gram Panchayat on 7th July, 2026 and the memo issued by the Block Development Officer, Daspur II Block on 11th December, 2025.
Learned counsel for the petitioners submits that an application under the Right to Information Act, 2005 was filed before the Pradhan of the Panchayat by one Janmenjoy Roy seeking information whether Dulal Tripathi, predecessor in interest of the petitioners applied for building construction plan before the Panchayat in connection with L.R. plot nos. 9736 and 9737 in Mouza Chaipat and whether such sanction was approved. Information was also sought whether any no objection was taken from the co-sharers of the property in seeking permission for construction. The application was not considered by the authority for which the private respondents approached this Court in a writ petition being WPA 131 of 2025. By an order passed on 17th January,
2 2025, a coordinate Bench of this Court directed the concerned Block Development Officer to consider and dispose of the representation upon granting reasonable opportunity of hearing to the concerned parties in accordance with law within a stipulated time frame. The said order was carried in appeal before an Hon’ble Division Bench of this Court by the petitioners herein and by an
order passed on 14th July, 2026 in MAT 1461 of 2025, the Hon’ble Division Bench refused to interfere with the order of the learned single Bench and granted liberty to the petitioners to take steps in accordance with law challenging the decision of the Block Development Officer and/or the Panchayat authority in the event they were aggrieved by the same. Pursuant thereto, the present application has been filed. It appears from the memo issued by the Block Development Officer that the petitioners failed to appear before the said authority despite service of notice upon them on several occasions, citing pendency of the appeal before the Hon’ble Division Bench and a suit pending before the learned civil Court and by the memo dated 11th December, 2025, the Block Development Officer directed the Pradhan, Chaipat Gram Panchayat to cause a detailed enquiry on the plot in question being plot no. 9736 and extent of illegal construction and take necessary action in terms of Section 23 of The West Bengal Panchayat Act,
1973. In terms of the said memo, the issue was taken up by the Pradhan who also served several notices upon the petitioners requesting them to appear before him for a
3 hearing. The petitioners failed to appear before the authority on the dates of hearing fixed by the authority. The Pradhan arranged for a survey by the Block Land & Land Reforms Officer who prepared a rough sketch map and demarcated two unauthorised constructions raised by the petitioners in Dag no. 9736 corresponding to R.S. Dag no. 7142. The petitioners were directed to demolish the said construction within fifteen days of receipt of the notice.
Learned counsel for the petitioners submits that the petitioners claim title in respect of seventeen decimals of land in R.S. plot no.7143 corresponding to L.R. plot no. 9737 and have no claim in respect of R.S. plot no. 7142 corresponding to L.R. plot no. 9736. The Block Development Officer and the Pradhan have dealt with the alleged unauthorised construction in L.R. plot no. 9736. Plot no. 9737 was not the subject matter for consideration before the said authorities. Since the petitioners submit that they have not raised any construction in L.R. plot no. 9736 in which the unauthorised construction is alleged, the unauthorised construction found in L.R. plot no. 9736 may be demolished upon implementation of the order passed by the Pradhan on 7th July, 2026. The Pradhan, Chaipat Gram Panchayat, being the 6th respondent herein, is at liberty to demolish the unauthorised construction in terms of his order dated 7th July, 2026.
4 The Officer in charge, Daspur Police Station, being the 7th respondent herein, is directed to render necessary assistance to the Pradhan in the said exercise. With the above observation and direction 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 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.)