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Calcutta High Court · body

2026 DAILYLAW 41397 (CAL)

SAJAHAN MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/14979/2026 · 2026-09-16

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 rc/ct.no.15 Item No.35 WPA No. 14979 of 2026 Sekh Sajahan Mondal Versus The State of West Bengal & Ors. Adv. Sk. Abu Abbasuddin ..for the petitioner Adv. Mirnal Kanti Sardar ….for the State Adv. Niladri Sekhar Ghosh Adv. Labani Sikder Adv. Souvik Dey ..for the private respondent Affidavit of service filed by the petitioner is taken on record. The petitioner alleges that the private respondent has raised unauthorized construction in the plot in question jointly owned by the parties without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on June 21, 2024 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that there was an old existing structure in the plot in question and the private respondent has only added a tin shed to the said structure. No other construction has been raised by him in the said plot. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner before the concerned auithority is pending, the Pradhan, Chandanpur Gram Panchayat, being the 5th 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 petitioner and the private respondent, in accordance with law. The parties shall be at liberty to submit relevant documents in support of their respective contention before the concerned authority at the time of hearing. 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 respondent 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. (Suvra Ghosh,J) 2 3