Extracted from the PDF above. The PDF is authoritative.
September 17, 2026 (33) ARDR WPA 14716 of 2026
Jalaluddin Sk Vs. The State of West Bengal & ors.
Adv. Nikhil Kr. Gupta, …for the petitioner. Adv. Susanta Pal, Adv. Sanchayita De, …for the respondent no.8. Adv. Madhu Jana, Adv. Puja Sonkar, …for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner claims to be a cosharer in respect of the plot in question alongwith the private respondent and others and alleges that the private respondent is raising construction therein without obtaining any sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 10th June, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the construction is being raised in terms of the sanctioned building plan granted by the Panchayat. The private respondent has gifted her share of the plot to her daughter. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted before the concerned authority is pending, the Pradhan, Mira II Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the same
2 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 are at liberty to produce 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 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.)