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2026 DAILYLAW 375 (CAL)

RAMESH MONDAL v. THE STATE OF WEST BENGAL AND ORS

WPA/26515/2024 · 2026-02-11

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.02.2026 Item No.04. Ct. No.15 Suman WPA 26515 of 2024 Ramesh Mondal -Vs- The State of West Bengal and Ors. Mr. A. Bhattacharya Ms. Lucky Patra Mr. A. Mitra ..for the petitioner Mr. Nilanjan Bhattacharjee, Sr. Adv. Mr. Abhilash Chatterjee Ms. N. Parveen ..for private respondent nos. 8 and 9. Mr. Vimal Kumar Shahi Ms. Susmita Chatterjee ..for the State Mr. Shibojyoti Chakraborti Ms. Riya Ghosh Ms. Debolina Ghosh ..for Howrah Zilla Parishad This Court finds no substance in the allegations made in the present writ petition. The primary contention of the petitioner is that respondent nos. 8 and 9 have undertaken unauthorized construction without obtaining a sanctioned plan from the Howrah Zilla Parishad. It is also alleged that the classification of the land was not converted from “Bagan” to “Bastu.” The affidavit filed by respondent no. 8 before this Court clearly indicates that the relevant plot of land was duly converted from “Bagan” to “Bastu” by the competent authority. Further, page 39 of the 2 affidavit filed by respondent nos. 8 and 9 demonstrates that the construction in question was carried out after obtaining a sanctioned plan from the Howrah Zilla Parishad. Learned counsel appearing for the petitioner submits that the construction has resulted in encroachment upon the petitioner’s land. The State has also filed a report, which indicates that the building was constructed only after the land classification was properly converted from “Bagan” to “Bastu.” This Court is not the appropriate forum to adjudicate disputes relating to encroachment. The petitioner is, therefore, at liberty to approach the competent Civil Court for redressal of his grievance regarding encroachment. Accordingly, WPA 26515 of 2024 stands dismissed. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties. (Kausik Chanda, J.)