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2026 DAILYLAW 35311 (CAL)

MD KADER KHAN v. STATE OF WEST BENGAL AND ORS.

WPA/18357/2026 · 2026-08-14

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 14, 2026 (24) ARDR WPA 18357 of 2026 Md Kader Khan Vs. The State of West Bengal & ors. Adv. Manabendra Thakur, Adv. Saurav Mitra, …for the petitioner. Adv. Sanjib Seth, Adv. Yashovardhan Shaw, …for the respondent nos. 7 & 8. Adv. Debashish Basak, Adv. Akash Adak, …for the State. Affidavit of service filed by the petitioner is taken on record. The Zilla Parishad and the Panchayat are not represented despite service. The petitioner alleges that the private respondents have raised unauthorised construction on vested land without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 30th May, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondents submits that no construction has been raised by the private respondents on the land stated by the petitioner. Learned counsel for the State submits that the representation be considered by the concerned authority in accordance with law. 2 In view of the above, the Pradhan, Hadipur Jhikra II Gram Panchayat, being the 4th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 30th May 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 respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the alleged construction raised by the private respondents 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.)