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2026 DAILYLAW 39361 (CAL)

SK. ABDUL HAI AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/11855/2026 · 2026-09-08

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 rc/ct.no.15 Item No.34 WPA No. 11855 of 2026 Sk. Abdul Hai & Anr. Versus The State of West Bengal & Ors. Mr. Sani Hossain Ms. Salma Sultana Mr. Miraj Hossain ..for the petitioners Mr. Swagata Datta …for the State Mr. Abhinaba Dan …for the private respondent Affidavit of service filed by the petitioners is taken on record. The petitioners and the private respondents are admittedly co-sharers in respect of the plots in question and a title suit is pending between them wherein the learned civil Court has granted an order of ad interim injunction in the form of statusquo. The petitioners allege that the private respondents claim to be raising construction in a portion of the plot in excess of their share under the Pradhanmantri Awas Jojana though their share in the said plots is lesser than the quantum eligible for grant of benefit under the said scheme. Also, the construction is being raised in violation of the West Bengal Panchayat (Administration) Rules, 2004. Opposing such allegation, learned counsel for the private respondents submits that the construction is being raised in plot no. 1396 and not in plot no. 1396/1731. The allegation of the petitioners with regard to the violation of the order of injunction by the private respondents and the dispute in respect of the title of the plots shall be decided by the learned civil Court in accordance with law. With regard to the allegation of the petitioners that the private respondents are not eligible for benefit under the Pradhanmantri Awas Jojana, since the representation submitted by the petitioners in this regard is pending, the Block Development Officer, Nandigram Block-I, being the 5th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondents, in accordance with law. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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. 2 (Suvra Ghosh,J) 3