43 1144..0099..22002266 Ct. No.15 b.das WPA 21852 of 2026 Asharuddin Sk. & Anr. Vs. The State of W.B. & Ors. Mr. Tarun Kumar Ghosh Mr. Sujit Kumar Ghosh Ms. Suvasree Ghose …for the petitioners. Mr. Manas Kr. Das Mr. Aritra Kr. Thokdar…for the respondent no.9. Mr. Anup Dasgupta Ms. Tanuka Basu …for the State. Affidavit of service filed by the petitioners is taken on record. The Panchayat and private respondents are not represented despite service. Alleging unauthorized construction being raised by the private respondents, the petitioners submitted a representation before the concerned authority on 15th April, 2024. The representation was not considered for which the petitioner approached this Court in a writ petition being WPA 12761 of 2024. By an order passed on 18th October, 2024, a co-ordinate Bench of this Court directed the concerned Panchayat to consider the representation. In compliance with the said order, the Pradhan, Hizole Gram Panchayat considered the representation and dispose of the same by an order passed on 27th January, 2025. 2 The petitioners assailed the said order before this Court in a writ petition being WPA 23649 of 2025 wherein by an order passed on March 12, 2026 this Court directed the Pradhan to revisit the issue and pass a reasonable order upon consideration of the representation within a stipulated time frame. Pursuant thereto, the Pradhan dealt with the issue and decided to refer the same to the Sub-Divisional Officer, Kandi Sub-Division. Though the matter was referred to the Sub-Divisional Officer by a letter issued by the Pradhan on 10th July, 2026, it is still pending before the said authority. The petitioners submitted a representation before the said authority seeking demolition of the unauthorized construction, but to no effect. The petitioners seek a direction upon the authority to take necessary steps for demolition of the unauthorized construction raised by the private respondents. In view of the fact that the issue is pending before the Sub-Divisional Officer, Kandi for consideration, the Sub-Divisional Officer, being the 4th respondent herein, is directed to consider the same in terms of Section 23(5) of the West Bengal Panchayat Act, 1973 and take a reasoned decision in accordance with law, within four weeks from the date of communication of this order. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is disposed of accordingly. 3 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. (Suvra Ghosh, J.)