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2026 DAILYLAW 40484 (CAL)

RABINDRA NATH SANTRA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/20126/2026 · 2026-09-15

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.09.2026 rc/ct.no.15 Item No.20 WPA No. 20126 of 2026 Rabindra Nath Santra & Ors. Versus The State of West Bengal & Ors. Mr. Snehasis Jana Mrs. Anulekha Bera Maiti ..for the petitioners Mr. Anirban Das Mr. Sudipta Ghosh …for the State Mr. Arabinda Manna …for the respondent nos. 7 to 9 Affidavit of service filed by the petitioners is taken on record. The petitioners allege that the private respondents are raising unauthorized construction in the plot of land recorded as ‘Sali’ without conversion of the same and without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation in this regard before the concerned authority on February 13, 2026 which is yet to be considered. The petitioners seek consideration of the same. Opposing such allegation, learned counsel for the private respondents submits that the construction is being raised under the Banglar Bari Awas Jojana for which no sanction is required. However, learned counsel also submits that the land has not been converted to ‘Bastu’ from ‘Sali’. This Court fails to understand how the private respondents have started raising construction in a land classified as ‘Sali’ without conversion of the same. However, since the representation submitted by the petitioners in this regard before the concerned authority is pending, the Pradhan, Deshra Koalpara Gram Panchayat, being the 9th 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. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. 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