DHIRENDRA NATH CHODHURY v. STATE OF WEST BENGAL AND ORS.
WPA/19917/2026 · 2026-09-17
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41475 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41475 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
40 jdt. 17.09.2026 jb.
WPA 19917 of 2026 (Dhirendra Nath Chowdhury vs. State of West Bengal & Ors.)
Mr. Ayan Banerjee Mr. Ajeyo Chowdhury …. For the Petitioner Mr. Bipul Kr. Mondal Mr. Amit Dey …. For the State Mr. Suman Basu …. For the Respondent nos. 4,5 and 6 Mr. Sajal Kanti Bhattacharya Mr. Arun Bandyopadhyay …. For the Respondent no. 8
Affidavit of service filed on behalf of the petitioner is taken on record.
Learned counsel for the petitioner submits that the private respondent has constructed G+3 storied building without obtaining sanction from the concerned Zilla Parishad. Though the private respondent claims to have obtained sanction from the Panchayat, such sanction is not valid in terms of Rule 27 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. The petitioner submitted a representation in this regard before the concerned authorities on 24th July, 2026 which is yet to be considered. The petitioner seeks consideration of the same.
Learned counsel for the private respondent submits that the alleged construction has been raised in 2008 upon obtaining sanctioned plan from the concerned Panchayat. The legality and validity of the construction in question need to be decided by the competent authority. Since the representation submitted by the petitioner on 24th
2 July, 2026 is pending, the Secretary, Hooghly Zilla Parishad, being the 5th respondent herein, is directed to consider and dispose of the same within six 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 produce all relevant documents in support of their respective contention before the said 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 be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)