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2026 DAILYLAW 39716 (CAL)

SUTANU SARKAR AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/29696/2025 · 2026-09-07

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 155 Court No. 05 (ML) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 29696 of 2025 Sutanu Sarkar & Anr. VS. The State of West Bengal & Ors. Mr. Mukteswar Maity Ms. Manika Maity ...for the Petitioners Mr. Mrityunjoy Chatterjee Mr. Manas Das Ms. Suchismita Chakraborty ...for the respondent nos. 5 & 6 1. Matter is heard in presence of learned advocate representing petitioners and respondent nos. 5 and 6. 2. Case is made out in writ petition that in spite of obtaining sanctioned plan from concerned panchayat authority petitioners were obstructed by respondent nos. 5 and 6 from raising construction. In support of case made out, reliance is placed on order of concerned Block Land & Land Reforms Officer dated 14th July, 2022 wherein it was held that names of respondent nos. 5 and 6 were recorded based on forged deed in connection with land in question, consequently mutation of names of respondent nos. 5 and 6 was declared void ab initio thereby restoring record of land in question in its original position. 3. During course of hearing, nothing is shown on behalf of respondent nos. 5 and 6 that order of Block 2 Land & Land Reforms Officer dated 14th July, 2022 was questioned before appropriate authority/ forum. Therefore, it appears that order of concerned Block Land & Land Reforms Officer dated 14th July, 2022 still subsists and if there is valid sanctioned plan accorded in favour of petitioners they need to be permitted to raise construction. 4. Officer-in-Charge of Samserganj Police Station, Murshidabad being respondent no. 3 is directed to provide assistance to the petitioners for carrying out construction work, if sanctioned plan accorded by panchayat authority exists and order dated 14th July, 2022 is not interfered with till date. 5. With aforesaid direction, writ petition stands disposed of. 6. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)