16.09.2026 SL No.15 Court No.12 (gc) FMA 558 of 2024 CAN 3 of 2026 Radheshyam Pal Vs. The State of West Bengal & Ors. Mr. Biswaroop Bhattacharya, Ms. Neelanjana Ghorui, Ms. Anusmita Bhattacharya …for the Appellant. Mr. Kallol Basu, Mr. Samik Sarkar …for the Private Respondent. 1. Affidavit-of-service filed by the appellant in Court today is taken on record. 2. The appeal arises out of an order dated February 20, 2024 passed in WPA 26545 of 2023. By the order impugned, the learned Court directed the panchayat authorities to consider the representation made by the writ petitioner, alleging that appellant, who was the respondent no.7 in the writ petition, had raised an unauthorized construction. 3. We are informed that pursuant to the order of Her Lordship, the panchayat authorities already decided the matter and has forwarded the records to the Sub-Divisional Officer. 4. The issues raised by Mr. Bhattacharya, involve disputed questions of fact. Thus, we are not inclined to interfere with the order impugned. We do not find 2 any perversity in the order of Her Lordship. Her Lordship directed the gram panchayat to act and proceed in accordance with the provisions of Section 23 of the West Bengal Panchayat Act, 1973. 5. The concerned Sub-Divisional Officer will discharge his functions in terms of Section 23(5) of the said Act. If the appellant has any particular submission to make, he is welcome to make the same before the Sub-Divisional Officer. 6. The Sub-Divisional Officer will pass necessary orders upon hearing all the interested parties and steps shall be taken in accordance with law. 7. Accordingly, the appeal and the connected application are disposed of. 8. However, there shall be no order as to costs. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)