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2026 DAILYLAW 43660 (CAL)

CHHATU MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/20739/2026 · 2026-09-24

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

September 24, 2026 (45) ARDR WPA 20739 of 2026 Chhatu Mondal Vs. The State of West Bengal & ors. Adv. Shahan Shah, Adv. Sanjita Naskar, …for the petitioner. Adv. Shankha Maity, …for the respondent nos. 6,7 & 8. Adv. Mousumi Roy, Adv. Sanjana Basu, …for the State. Affidavit of service filed by the petitioner is taken on record. Learned counsel for the petitioner submits that the private respondents are raising unauthorised construction on the petitioner’s land without obtaining sanction from the concerned Panchayat. Though they claim to be raising construction under the Banglar Bari Scheme, such construction cannot be raised on the petitioner’s land. The petitioner submitted a representation in this regard before the concerned authority on 21st July 2026 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the State submits, on instructions, that the 6th respondent was granted benefit of the scheme upon meeting all the eligibility criteria of the scheme. Learned counsel for the private respondents submits that the construction is being raised in Dag no. 2063/2380 which was inherited by the private respondents from their predecessor in interest and not in Dag no. 2063. 2 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 before the concerned authority, the Pradhan, Kola-II Gram Panchayat, being the 4th 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 respondents, in accordance with law. The parties shall be at liberty to produce relevant documents in support of their respective contention before the concerned 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 not in accordance with the relevant rules/law, the concerned authority shall take necessary steps in accordance with law. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the 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.)