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2026 DAILYLAW 43540 (CAL)

REHANA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/25636/2026 · 2026-09-24

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

40 2244..0099..22002266 Ct. No.15 b.das WPA 25636 of 2026 Rehana Bibi Vs. The State of W.B. & Ors. Mr. Robiul Islam Sk. Jayed Hossain Mr. Sumitra Das …for the petitioner. Mr. Dhananjay Nayak ….for the respondent no.8. Ms. Tapasi Palit Sinha Mr. Mrinal Kanti Sardar …for the State. Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondent has raised unauthorized construction without obtaining sanction from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 18th August, 2026, which is yet to be considered. The petitioner seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the construction standing in the plot in question is an age old construction. No new construction has been made therein. The contention of the parties need to be verified by the appropriate authority. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Anantapur Gram 2 Panchayat, being the 6th 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 petitioner and the private respondent, 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 respondent 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.)