22 jdt. 14.08.2026 jb. WPA 17447 of 2026 (Panchpara Sasankali Bayam Samity and Anr. vs. State of West Bengal & Ors.) Mr. Bikash Goswami Ms. Shewly Saha …. For the Petitioners Mr. Rajen Dutta Ms. Priyanka Shukla …. For the State Affidavit of service filed on behalf of the petitioners is taken on record. The petitioners have assailed the order passed by the Sub Divisional Officer, Sadar, Howrah on 9th July, 2026 under Section 23(5) of the West Bengal Panchayat Act, 1973 directing the petitioners to demolish the unauthorised structure/portion of the structure within 10 days from the date of receipt of the order failing which the concerned Gram Panchayat has been directed to demolish the said unauthorised structure. Learned counsel for the petitioners submits that one storied brick building structure has been raised by the petitioner having a tin shed and no sanction has been obtained for raising such structure. Section 23(1) of the West Bengal Panchayat Act, 1973 envisages that sanction of the concerned Gram Panchayat is required to be taken for erection of a new structure or new building or making any addition to any 2 structure or building having plinth area of not more than 150 square metres and height not more than 6.5 metres in any area within the jurisdiction of the Gram Panchayat. The proviso to the said section reads that there shall be no restriction of covered area on construction of kuchcha and semi-pucca residential building which shall mean a single storied building not having concrete roof and brick wall with setback of not less than nine-tenth metre on the road side. In the case in hand the construction admittedly comprises brick walls and a tin shed. No sanction for raising the same has been taken from the concerned Panchayat., In view of the above, this Court is inclined to hold that the Sub Divisional Officer has dealt with the issue upon hearing the petitioner and has rightly held that the construction is unauthorised and should be demolished. The order does not suffer from any infirmity and does not require interference by this Court. Therefore the order dated 9th July, 2026 passed by the Sub Divisional Officer, Sadar Howrah is affirmed. The petitioner is directed to demolish the unauthorised construction within 15 days from the date of communication of this order failing which the concerned Panchayat shall take necessary steps in terms of the o rder dated 9th July, 2026. The writ petition is dismissed. There shall be no order as to costs. 3 Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)