Extracted from the PDF above. The PDF is authoritative.
August 17, 2026 (22) ARDR WPA 7231 of 2026
Syed Nishar Ali Vs. The State of West Bengal & ors.
Adv. Shamim ul Bari, Adv. Asmita Mitra, …for the petitioner. Adv. Suman Chattopadhyay, …for the private respondent. Adv. Madhu Jana, Adv. Puja Sonkar, …for the State.
Learned counsel for the petitioner submits that the private respondent is raising construction by encroaching upon his land, without leaving statutory vacant space and in excess of the permission granted to him under the Government scheme. The petitioner submitted a representation in this regard before the concerned authority on 17th October, 2025 which is yet to be considered. The petitioner seeks consideration of the same.
Learned counsel for the private respondent denies and disputes the allegation raised by the petitioner. The allegation of encroachment of the land by the private respondent shall be dealt with by the appropriate civil forum. Since the petitioner alleges that the private respondent is raising construction without leaving mandatory open space and in excess of sanction accorded to him in terms of a Government scheme, the Pradhan, Doluibazar II Gram Panchayat, being the 10th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 17th October, 2025 within four weeks from the date of
2 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 accordingly 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.)