Extracted from the PDF above. The PDF is authoritative.
August 17, 2026 (21) ARDR WPA 12950 of 2026
Nirapada Maity Vs. The State of West Bengal & ors.
Adv. Dilip Kr. Sinha, Adv. Tithi Pal, …for the petitioner. Adv. Imtiaz Belal, Adv. Tanaya Banerjee, ..for the respondent no.5. Adv. M. A. Samad, Adv. Priyanka Sharma, …for the respondent no.6. Adv. Madhu Jana, Adv. Puja Sonkar, …for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner seeks implementation of the order passed by the Sub Divisional Officer, Ghatal, Paschim Medinipur on 11th April, 2023 directing the private respondents to remove the illegal construction of 215.46 square feet in the ground floor and the complete first floor of the building made by him within 2nd May, 2023 failing which the Pradhan, Kheput Dakshinbar Gram Panchayat was directed to take necessary action to remove the illegal construction. It was further directed that the entire cost of such action would be collected from Ashish Chowdhury. The said order was assailed before this Court by the private respondent in a writ petition being WPA 17860 of 2023 and by a judgment delivered on 30th April, 2026, a coordinate Bench of this Court dismissed the writ petition. The order was carried in appeal before an Hon’ble Division Bench of this Court and by an order passed on 2nd December, 2024
2 in FMA 1566 of2024, the appeal was dismissed. The application for modification of the said order was also turned down by the Hon’ble Division Bench. Pursuant to the same, the Sub Divisional Officer issued a letter to the Pradhan on 18th December, 2024 directing him to take necessary steps in terms of the order passed by the Hon’ble Division Bench. The order is yet to be complied with. In view of the letter issued by the Sub Divisional Officer to the Pradhan, the Pradhan, 7 Kheput Dakshinbar Gram Panchayat, being the 5th respondent herein, is
directed to comply with the same and effect demolition in terms of the order passed by the Sub Divisional Officer within two weeks from the date of communication of this
order. 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.)