05 1144..0099..22002266 Ct. No.15 b.das WPA 13117 of 2026 + CAN 1 of 2026 Nirmal Kumar Tah & Anr. Vs. The State of W.B. & Ors. Mr. Jayanta Mitra …for the applicants/petitioners. Mr. Amitava Paine Ms. Manideepa Paul Roy…for the respondent no.5. Mr. Anup Dasgupta Mr. Subhomoy Paul …for the State. In re: CAN 1 of 2026 Affidavit of service filed by the applicants/petitioners is taken on record. The petitioners seek restoration of the writ petition which was dismissed for default by an order passed on 23rd June, 2026. Heard learned counsels for the parties. Sufficient grounds being made out, CAN 1 of 2026 is allowed. The order dated 23rd June, 2026 is recalled. The writ petition is restored to its original file and number. In Re: WPA 13117 of 2026 The petitioners allege that the private respondent is raising unauthorized construction without obtaining sanction from the concerned Panchayat. In response to an application filed by the petitioners under the Right to Information Act, 2005, the Executive Officer, Sanko Gram Panchayat has informed that no 2 house building permission has been granted by the Panchayat in respect of the plot in question. The petitioners submitted a representation in this regard before the concerned authority on 9th March, 2026, which is yet to be considered. The petitioners seek consideration of the same. Learned counsel for the 5th respondent submits that this respondent has raised construction in terms of the sanctioned building plan and the permission granted by the concerned Panchayat. However, the respondent is unable to produce the sanctioned building plan before this Court. In view of the fact that the representation submitted by the petitioners before the concerned authority is pending, the Pradhan, Sanko Gram Panchayat, being the 2nd 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 respondent, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. 3 In the event the construction raised by the private respondent is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)