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2026 DAILYLAW 42205 (CAL)

ALAMGIR HOSSAIN AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/20741/2026 · 2026-09-22

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

51 2222..0099..22002266 Ct. No.15 b.das WPA 20741 of 2026 Alamgir Hossain & Anr. Vs. The State of W.B. & Ors. Mr. Manas Kr. Das Mr. Mobaidur Hossain …for the petitioners. Mr. Ankan Das ….for the private respondent. Mr. Indradeep Pal Mr. Sougata Pal Mr. Ankur Sharma …for the State. Affidavit of service filed by the petitioners is taken on record. The Panchayat is not represented despite service. The petitioners allege that the private respondents have raised unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioners submitted a representation in this regard before the concerned authority on 16th June, 2026, which is yet to be considered. The petitioners seek consideration of the same. Denying such allegation, learned counsel for the private respondents submits that the private respondents have raised construction under the Pradhan Mantri Awas Yojana Scheme for which no sanction is required. The contention of the parties needs to be verified by the appropriate authority. 2 Since the representation submitted by the petitioners in this regard is pending, the Pradhan, Garibpur Gram Panchayat, being the 9th respondent 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 petitioners and the private respondents, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the 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 respondents is found to be illegal/unauthorized, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of accordingly. 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.)