14.09.2026 rc/ct.no.15 Item No.46 WPA No. 12024 of 2026 Ram Chandra Marik Versus The State of West Bengal & Ors. Adv. Pampa Dey (Dhabal) Adv. Sangita Banerjee Adv. Pritam Sarkar ..for the petitioner Adv. Madhu Jaha Adv. Puja Sonkar ….for the State Adv. Priyanka Jana Adv. Parimal Sardar …for the Respondent No. 10 Learned counsel for the petitioner submits that alleging unauthorised construction being raised by the private respondent, the petitioner submitted a representation before the concerned authority on March 31, 2021. The representation was not considered for which the petitioner approached this Court in a writ petition being WPA No. 9834 of 2021. By an order passed on August 05, 2021 a coordinate Bench of this Court directed the competent authority of Gelia Gram Panchayat to consider and dispose of the writ petition following certain procedure within a stipulated timeframe. In compliance with the said order, the Pradhan, Gelia Gram Panchayat took up the issue for consideration and by an order passed on November 24, 2021, held that the private respondent made extension beyond the planned area. The said authority directed the private respondent to demolish the extended portion of the construction within two months from the date of communication of this order. Learned counsel also submits that despite such order the private respondent is continuing with the construction. Learned counsel for the private respondent submits that the order passed by the Single Bench was carried in appeal before an Hon’ble Division Bench of this Court and by an order passed on December 31, 2022 in FMA No. 1187 of 2021, the Hon’ble Division Bench granted liberty to the private respondent to file a revised plan before the Panchayat authorities if he was entitled to do so in law. The private respondent has submitted such plan before the authority which is under consideration. Post facto approval of a construction made in deviation on the sanctioned plan and regularization of such construction is unknown to the Panchayat Laws. Since the Pradhan has held that the private respondent has raised construction in excess of the sanctioned building plan granted to him, the said authority being the 7th respondent herein is directed to communicate the order dated November 24, 2021 to the Sub-Divisional Officer, Bishnupur, being the 4th respondent herein, within one week from the date of communication of this order. On receipt of the same, the 4th respondent shall take up the issue in terms of Section 23(5) of the West Bengal Panchayat Act, 1973 and take the same to its logical conclusion within four weeks thereof. 2 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. (Suvra Ghosh,J) 3