August 14, 2026 (23) ARDR WPA 17891 of 2026 Anupam Sardar Vs. The State of West Bengal & ors. Adv. Mrinal Kanti Mukherjee, Adv. Antarik Dawn, …for the petitioner. Adv. U.K. Jana, Adv. B. Patra, …for the respondent nos. 9 & 10. Affidavit of service filed by the petitioner is taken on record. The State and the Panchayat are not represented despite service. Ms. Puja Sonkar, advocate, who usually appears for the State and is present in Court today, is requested to appear for the State in this matter. Her appointment be regularised by the appropriate authority. The petitioner is directed to serve copy of the writ petition along with annexure thereto upon Ms. Sonkar, advocate in course of this day. The petitioner alleges that the private respondents have raised pucca construction in the land belonging to the scheduled caste and scheduled tribe community. The petitioner’s grandfather was the recorded owner of the land and the petitioner has inherited the same. In reply to an application filed by the petitioner under the Right to Information Act, 2005, the Pradhan, Ganrapota Gram Panchayat has informed that no building plan has been granted to the private respondents for the said 2 construction. The Gram Panchayat is not aware of such construction and no construction order was also granted. The petitioner seeks a direction upon the Sub Divisional Officer to take necessary steps under Section 23(6) of the West Bengal Panchayat Act, 1973. Denying such allegation, learned counsel for the private respondents submits that it appears from the record of rights that the petitioner’s grandfather was the owner of sixteen decimals of land in plot no. 42 and not the entire plot. The petitioner alleges that the construction raised by the private respondents has obstructed his egress and ingress which is incorrect. I have considered the rival contention of the parties. The right, title and interest of the parties in respect of the plot in question and the allegation of obstruction of egress and ingress raised by the petitioner shall be dealt with by the appropriate civil forum. This Court is informed that a civil suit is pending between the parties in this regard. It is evident from the reply to the application under the Right to Information Act that no building permission has been granted to the private respondents by the concerned Panchayat for raising the construction in question. Therefore it can be inferred that the construction is in violation of Section 23(1) of The West Bengal Panchayat Act, 1973 and is liable to be demolished in terms of Section 23(6) of the Act of 1973. 3 In view of the above, the Sub Divisional Officer, Bongaon, being the 5th respondent herein, is directed to deal with the issue in terms of Section 23(6) of the Act and take necessary steps in terms thereof within four 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.)