24.09.2026 SL No.11 Court No.12 (gc) MAT 1298 of 2026 CAN 1 of 2026 CAN 2 of 2026 Tripurari Pan Vs. The State of West Bengal & Ors. Ms. Swastika Chowdhury …for the Appellant. Mr. Siva Prasad Ghose, Ms. Neha Roy, …for the Respondent No.8. Re: CAN 1 of 2026 1. Affidavit-of-service is taken on record. 2. This is an application for condonation of delay. There is a delay of 131 days in preferring the appeal. 3. Considering the averments made in paragraph 2 and the sub-paragraphs thereunder, we are satisfied that the delay has been sufficiently explained. 4. The delay of 131 days is condoned. 5. Accordingly, CAN 1 of 2026 is allowed and disposed of. 6. The appeal is regularized. Re: MAT 1298 of 2026 CAN 2 of 2026 7. The appeal arises out of an order dated February 26, 2026 passed in WPA 6593 of 2025. The appellant being the writ petitioner alleged that the respondent no.8 had raised an unauthorized construction on Plot No.1198, J.L. No.57, Mouza- 2 Kamarberia, P.S. – Kotulpur, District – Bankura. The appellant claimed to be the Sebait of the debuttar property. On the other hand, the respondent no.8 denied the contentions of the appellant. 8. The respondent no.8 claimed right, title and interest in respect of the said plot, on the basis of two registered deeds of conveyance in 1957 and 1958. As a civil suit was pending with regard to right, title and interest over the said property, His Lordship was of the view that the Panchayat authority should issue a stop work notice and the respondent no.8 should be restrained from constructing further, until orders were passed by the Civil Court before which the title suit was pending. 9. The appellant is aggrieved by the said order. Mr. Ghose, learned Advocate for the respondent no.8 submits that the construction was temporary in nature and a small mud house. The West Bengal Panchayat Act, 1973 and the Rules framed thereunder, does not mandate permission to be obtained from the Panchayat authorities for construction of such structure. 10. We find from the order impugned that, upon inspection of the construction, a report had been filed by the panchayat authorities, inter alia, stating that upon physical verification, the authority found 3 that the constructions existed over plot nos.1198, 1197 and 1196. On plot no.1198 construction measuring approximately 259 square feet had been found. The area of such construction has been distinctly marked in red colour in the sketch map prepared by the surveyor. The panchayat authorities received applications for sanction of building plan relating to plot nos.1196 and 1197, but no application had been filed in respect of construction over plot no.1198. 11. Relying upon such inspection report, His Lordship held that the gram panchayat should issue a stop work notice and the respondent no.8 should be restrained from carrying out any construction on the said plot. The said stop work notice and the order restraining construction were made subject to the decision of the Civil Court. 12. We do not agree with His Lordship and the findings in the order impugned for the following reasons:- a) Section 23(1) of the West Bengal Panchayat Act, 1973 provides that, for construction of any structure having a plinth area of not more than 150 square meters and a height of not more than 6.5 meters falling within the territorial jurisdiction of a concerned Gram 4 panchayat, permission from the Panchayat is necessary. b) Mr. Ghose’s submission that the construction is of a mud house and temporary in nature, is a matter of fact which has to be decided by the panchayat authority upon inspection. c) The report of the panchayat authority does not indicate that the construction was temporary in nature. d) The report of the panchayat authority also indicates that permission for construction of 259 square feet had not been taken. e) The Civil Court does not have any jurisdiction to decide the issue of unauthorized construction. f) It is the panchayat authority and thereafter the Sub-divisional Officer who can take steps in respect of any unauthorized construction. 13. Section 23 lays down the entire procedure for control of building operations. Section 23(5) empowers the Sub-Divisional Officer to demolish any construction which has been made contrary to law. 14. Under Such circumstances, although we uphold His Lordship’s order to the extent of imposing a stop work notice upon the respondent no.8 and 5 restraining the respondent no.8 from making further construction, we set aside the portion of the order of His Lordship whereby and where under His Lordship directed that the construction, the stop work notice, etc. would be subject to the further reliefs to be granted by the Civil Court. 15. The Civil Court, in our view, can only adjudicate the issue of right, title and interest and not the nature of any unauthorized construction. 16. The appeal is allowed for the grounds stated hereinabove. 17. The order impugned is set aside to the extent stated hereinabove. 18. The panchayat authority is directed to cause an inspection of the alleged construction, in presence of the parties. A report shall be prepared indicating the exact measurement of the construction and whether the same is temporary in nature or partially permanent in nature (pucca). 19. If it is found that the construction is pucca and has been raised without any permission, in that event proceeding shall be initiated in accordance with the provisions of Section 23 and reached to a logical conclusion in terms of provisions of Section 23(5). 20. Needless to mention that, the Panchayat authority will give adequate hearing to both the 6 parties before any decision is taken. If the panchayat authority comes to a finding that the construction is unauthorized, the documents and all the records shall be forwarded to the Sub-Divisional Officer and the Sub-Divisional Officer shall then proceed in accordance with Section 23(5) of the said Act. 21. The entire exercise shall be completed within four months from the date of communication of this order. 22. In the meantime, the respondent no.8 shall not make any further construction. No third party interest will be created. 23. The panchayat authority is directed to maintain strict vigil, to ensure that no further construction takes place. 24. Accordingly, the appeal and the connected application are disposed of. 25. However, there shall be no order as to costs. 26. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)