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2026 DAILYLAW 36310 (CAL)

BIKASH SARDAR v. STATE OF WEST BENGAL AND ORS.

WPA/11371/2026 · 2026-08-25

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27 jdt. 25.08.2026 jb. WPA 11371 of 2026 (Bikash Sardar vs. State of West Bengal & Ors.) Mr. Sounak Bhattacharya Mr. Sounak Mandal …. For the Petitioner Ms. Indrani Chakraborty Mr. Madhu Jana Ms. Sarda Sha Ms. Puja Sonkar …. For the State Masud Karim Asif Reja Ansary …. For the Respondent no. 8 Mr. Nirmalendu Bera Mr. Biswarup Biswas Mr. Gora Chand Samanta …. For the Respondent nos. 10-12 Reports submitted by the State and the Panchayat are taken on record. Alleging unauthorised construction raised by the private respondents, the petitioner submitted a representation before the concerned authority which not being considered, the petitioner approached this Court in a writ petition being WPA 18303 of 2021. By an order passed on 31st October, 2022 a co-ordinate Bench of this Court disposed of the writ petition directing the concerned authority to dispose of the representation submitted by the petitioner by following certain procedure. The order was not complied with for which a contempt application was filed. Pursuant thereto, the Pradhan, Taladi Gram Panchayat considered and disposed of the representation by a 2 reasoned order passed on 28th October, 2025 with an observation that no sanctioned building plan or written approval from the Panchayat was produced by the private respondents and the construction raised by the said respondents was without obtaining necessary sanction/approval from the competent authority. The construction was held to be unauthorised and illegal. The matter was referred to the Sub Divisional Officer, Canning for necessary steps. Since the matter was pending before the Sub Divisional Officer, the petitioner submitted an application before the said Authority on 19th January, 2026 seeking demolition of the unauthorised construction. Learned counsels for the parties submit that during pendency of the writ petition, the Sub Divisional Officer has dealt with the issue and by an order passed on 2nd June, 2026 has directed the private respondents to remove the unauthorised structure within 15 days from the date of the communication of the order failing which the Block Development Officer, Canning I Development Block and the Pradhan, Taldi Gram Panchayat were directed to take necessary steps for demolition/removal of the unauthorised construction with the assistance of the police authority. In view of such changed circumstance, the petitioner seeks implementation of the order passed by the Sub Divisional Officer. 3 Learned counsel for the respondent nos. 11, 12 and 13 submits that no unauthorised construction has been raised by these respondents in the plot in question. They are occupying a small shop room in the said plot. This Court is informed that the order passed by the Sub Divisional Officer on 2nd June, 2026 has not been assailed before the appropriate forum. In view of the above, the Sub Divisional Officer, Canning Sub Division, being the 3rd respondent herein, is directed to take necessary steps to implement the order passed by him within a fortnight from date. The Officer in Charge, Canning Police Station, being the 6th respondent herein, is directed to render necessary assistance to the Sub Divisional Officer for implementation of the order. The writ petition is disposed of. There shall be no order as to costs. 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.)