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Calcutta High Court · body

2026 DAILYLAW 41894 (CAL)

TOHIDUR RAHAMAN v. STATE OF WEST BENGAL AND ORS.

WPA/22306/2026 · 2026-09-21

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 rc/ct.no.15 Item No.50 WPA No. 22306 of 2026 Tohidur Rahaman Versus The State of West Bengal & Ors. Mr. Nikhil Kumar Gupta ..for the petitioner Mr. Anup Dasgupta Mr. Dipnarayan Chakraborty …for the State Mr. Suman Dey Ms. Debjani Chakraborty…for the respondent no.8 Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. Learned counsel for the petitioner submits that the private respondent is raising unauthorized construction on the plot adjoining his plot without obtaining sanction from the concerned Panchayat. Learned counsel also submits that the private respondent has encroached upon a portion of the petitioner’s land in raising such construction. The petitioner submitted a representation in this regard before the concerned authority on July 31, 2026 which is yet to be considered. The petitioner seeks consideration of the same. The private respondent denies and disputes the allegation made by the petitioner. Since the petitioner alleges unauthorized construction being raised by the private respondent, the Pradhan, Margram-I Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated July 31, 2026 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. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. It is made clear that the 7th respondent shall only deal with the issue of alleged unauthorized construction without obtaining sanctioned building plan and shall not deal with the issue of alleged encroachment of the petitioner’s land. The petitioner is at liberty to approach the appropriate civil forum for redressal of such grievance. 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. 2 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3