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2026 DAILYLAW 41812 (CAL)

NIRMAL GHORAI v. THE STATE OF WEST BENGAL AND ORS.

WPA/22147/2025 · 2026-09-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

September 21, 2026 (53) ARDR WPA 22147 of 2025 Nirmal Ghorai Vs. The State of West Bengal & ors. Adv. Siddhartha Sarkar, Adv. Sourav Gupta, …for the petitioner. Adv. Santimoy Bhattachryya, Adv. Ziaul Haque, Adv. Anirban Das, Adv. Aloka Bhattachryya, …for the respondent nos. 8 & 9. Affidavit of service and supplementary affidavit filed by the petitioner are taken on record. The State and the Panchayat are not represented despite service. Mr. Anup Dasgupta, advocate who usually appears for the State and is present in Court today, is requested to appear for the State in this matter. His appointment be regularised by the concerned authority. The petitioner is directed to serve copy of the writ petition along with annexure thereto upon Mr. Dasgupta, advocate in course of this day. The petitioner alleges that the private respondents are raising construction on the plot of land classified as doba in the L.R. record of rights without conversion of the same and without obtaining sanction from the concerned Panchayat. A notice under Section 4C(5) of The West Bengal Land Reforms Act, 1955 was issued upon the private respondents directing them to restore the plot in 2 question to its original condition. Since no further step was taken by the Block Land & Land Reforms Officer pursuant to the said notice, the petitioner approached the West Bengal Land Reforms and Tenancy Tribunal seeking a direction upon the Block Land & Land Reforms Officer to take necessary steps pursuant to the notice. By an order passed on 9th March, 2026 in Original Application no. 383 of 2026, the learned Tribunal directed the Block Land & Land Reforms Officer to conclude the proceeding in accordance with law within a stipulated time frame. The petitioner submitted a representation in this regard before the concerned authority on 8th August, 2025 which is yet to be considered. The petitioner seeks consideration of the same. The private respondent is unable to produce any document demonstrating conversion of the plot in question into bastu or receipt of sanctioned building plan from the concerned Panchayat. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Basanchhora Gram Panchayat 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 respondents, in accordance with law. 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 respondents is not in accordance with the relevant rules/law, 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.)