September 21, 2026 (58) ARDR WPA 11346 of 2026 Nirmal Dey & ors. Vs. The State of West Bengal & ors. Adv. Pampa Dey (Dhabal), Adv. Sangita Banerjee, Adv. Biswarup Chatterjee, …for the petitioners. Adv. Bidyut Kumar Roy, Adv. Sima Biswas, …for the respondent no.7. Adv. Arabinda Manna, …for the respondent no.8. Adv. Madhu Jana, Adv. Simran Sureka, …for the State. Report submitted by the Panchayat is taken on record. The report as well as the order impugned passed by the Pradhan of the concerned Panchayat on 24th September, 2025 is silent with regard to the construction allegedly raised by the private respondent of the second floor of the building as well as the additional construction raised from the ground floor to the second floor of the building. The report indicates that the construction was complete prior to filing of objection by the petitioner. The order impugned is silent as to whether the alleged construction has been made without sanctioned building plan or in deviation of the same. Since no opinion has been expressed by the Pradhan in this regard, the issue be sent to the Sub Divisional Officer, Arambagh, being the 4th respondent herein, directing him to deal with the issue of alleged unauthorised construction of the second floor and additional construction from the ground floor to the second 2 floor raised by the private respondent allegedly without obtaining sanction from the concerned Panchayat, in terms of Section 23(5) of The West Bengal Panchayat Act, 1973. The said respondent shall grant reasonable opportunity of hearing to all concerned including the parties herein and arrive at a reasoned decision within four weeks from the date of communication of this order. 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 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.)