September 16, 2026 (16) ARDR WPA 25009 of 2026 Radhashyam Das & ors. Vs. The State of West Bengal & ors. Adv. Suman Sengupta, Adv. Dip Jyoti Chakraborty, Adv. Chitrak Biswas, …for the petitioners. Adv. S. K. Halder, Adv. Arun Ghutgutia, …for the respondent nos.7 & 8. Adv. Susmita Saha Dutta, Adv. Niladri Saha, …for the State. Affidavit of service filed by the petitioners is taken on record. Alleging unauthorised construction raised by the petitioners, the private respondents submitted a representation before the concerned authority which was not considered for which they approached this Court in a writ petition, being WPA 6910 of 2026. By an order passed on 6th May, 2026, this Court directed the Pradhan, 13 Bakhrabad Gram Panchayat to consider and dispose of the representation within a stipulated time frame. The order was not complied with for which a contempt application was filed. However, the order has been complied with by the Pradhan who has dealt with the representation and passed an order on 29th August, 2026. By the said order, the Pradhan has held that the construction in question has been raised without permission from the Panchayat and is therefore unauthorised/illegal. The petitioners have been directed to demolish the said construction within fifteen 2 days from the date of notice issued under Section 23(6) of The West Bengal Panchayat Act, 1973. The said order is assailed by the petitioners. Learned counsel for the petitioners submits that the Pradhan has no authority to direct demolition of the allegedly unauthorised construction and ought to have referred the same to the Sub Divisional Officer under Section 23(5) of the Act. Learned counsels of the private respondents and the Panchayat accede to the submission made on behalf of the petitioners. Section 23(5) of the Act is set out for the purpose of better understanding of the provision of law. “5. Where any new structure or new building or any addition to any structure or building is being or has been erected or made, as the case may be, in contravention of the provisions of sub-section (1), the permission granting authority shall refer the matter to the Sub-Divisional Officer concerned who may after giving the owner of such building an opportunity of being heard, make an order directing the demolition of the building or a portion of the building, as the case may be, by the owner within such period as may be specified in order and in default, the Sub Divisional Officer may itself effect the demolition and impose a fine as may be specified by the State Government and recover the cost thereof from the owner as a public demand.” 3 In view of such provision, the portion of the order impugned dated 29th August, 2026 directing the petitioners to demolish the allegedly unauthorised construction within fifteen days on receipt of the notice under Section 23(6) of the Act and referring of consequential steps to be taken in default of the same is quashed/set aside. The Pradhan, Bakhrabad Gram Panchayat, being the 7th respondent herein, is directed to communicate the findings recorded in the order dated 29th August, 2026 to the Sub Divisional Officer, Kharagpur, being the 3rd respondent herein, within one week from the date of communication of this order. The 3rd respondent is directed to deal with the issue in terms of Section 23(5) of the Act and pass a reasoned order within four weeks from the date of receipt thereof. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)