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2026 DAILYLAW 43339 (CAL)

BISWANATH SHEET AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/24193/2026 · 2026-09-24

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

50 jdt. 24.09.2026 jb. WPA 24193 of 2026 (Biswanath Sheet & Ors. vs. State of West Bengal & Ors.) Mr. Timir Baran Saha …. For the Petitioner Mr. Arka Bhattacharya Ms. Debosmita Ganguly …. For the State Mr. Mrityunjoy Chatterjee Mr. Manas Das Mr. Arindam Poali …. For the private respondent Affidavit of service filed on behalf of 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 unauthorised construction on agricultural land belonging to the petitioners which is recorded as ‘danga’ and ‘shali’ respectively. Pursuant to the representation submitted by the petitioners, the Pradhan, Tholia Gram Panchayat issued a stop work notice upon the private respondent and directed her to appear before the authority on 27th June, 2026. No further step has been taken by the Pradhan since then. Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the representation submitted before the Pradhan, Tholia Gram Panchayat, being the 3rd respondent herein is pending, the said respondent is directed to consider and dispose of the same within four weeks from the date of communication 2 of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners and the private respondent, 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 respondent is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)