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2026 DAILYLAW 42743 (CAL)

RANJAN MONDAL v. THE STATE OF WEST BENGAL AND ORS.

WPA/17003/2025 · 2026-09-23

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.09.2026 rc/ct.no.15 Item No.45 WPA No. 17003 of 2025 Ranjan Mondal Versus The State of West Bengal & Ors. Mr. Salil Kumar Maiti Ms. Dolan Samanta Mr. Subhojoy Panja ..for the petitioner Mr. Mrinal Kanti Sardar Mr. Sarban Bhattacharjee …for the State Mr. Golam Mustafa …for the private respondents Affidavit of service filed by the petitioner is taken on record. The petitioner alleges that the private respondents have raised unauthorized construction without obtaining sanctioned building plan from the concerned Panchayat by encroaching upon his land. The petitioner submitted a representation in this regard before the concerned authority on May 06, 2025 pursuant to which a notice was issued by the Pradhan, Deulpota Gram Panchayat on May 16, 2025 fixing the date of hearing on May 20, 2025. Learned counsel for the petitioner submits that though the petitioner appeared in the said hearing, no further step has been taken by the Pradhan in this regard. Learned counsel for the private respondents denies and disputes the allegation raised by the petitioner and submits that the construction in question is a very old structure which was raised in 1970s. The contention of the parties needs to be verified by the appropriate authority. Since the representation submitted by the petitioner before the Pradhan is still pending, the Pradhan, Deulpota Gram Panchayat, being the 5th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of the order upon granting reasonable opportunity of hearing to all concerned including the petitioners 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 said authority shall deal with the alleged unauthorized construction raised by the private respondent and shall not deal with the allegation of encroachment upon the petitioner’s land. The petitioner is at liberty to approach the appropriate civil forum for redressal of his grievance in respect of such encroachment. The writ petition is disposed of. There shall, however, be no order as to costs. 2 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) 3