60 jdt. 23.09.2026 jb. WPA 7518 of 2026 (Sukdeb Sarkar vs. State of West Bengal & Ors.) Mr. Pankaj Halder Mr. Uttam Kr. Kamilla Ms. Dipannita Laha …. For the Petitioner Mr. Madhu Jana Ms. Puja Sonkar …. For the State Mr. Amitava Chaudhuri Mr. N. Roy …. For the Private Respondent Affidavit of service by the petitioner is taken on record. Alleging unauthorised construction raised by the private respondents, the petitioner approached this Court in a writ petition. The writ petition was decided against hyim for which he preferred an appeal before the Hon’ble Division Bench of this Court being FMA 898 of 2025. By an order passed on 25th August, 2025, in the said appeal, the Hon’ble Division Bench recorded as follows:- “The land-in-question is within the gram panchayat concerned and is therefore governed by the West Bengal Panchayat Act and the Panchayat Rules of 1981. Rule 23(e) prescribes that if any construction is sought to be made on land under the Panchayat, which is not homestead land, even if a 2 permission is granted in the same is required to be dealt with or kept in abeyance. The concerned Prodhan of the concerned Gram Panchayat therefore did not have any authority to issue permission to the appellant if at all so done. The facts admittedly before this Court are that at the time of construction in the year 1994, the land-in-question was shali land (agricultural), no construction of a house was possible and no Panchayat in the State could have granted any permission to construct a residential property on agricultural land without its conversion. In the aforesaid circumstances, this Court is of the clear and unequivocal view that the construction made by the private respondent is ex facie illegal, contrary to both the Panchayat Act and the WBLR Act in general. There are no provisions for regularization of an illegal construction under the provisions of the West Bengal Panchayat Act.” Learned counsel for the private respondens submits that sine the sanction was granted by the concerned Panchayat, the construction is legal/authorised. In the present case, it is not in dispute that the permission for construction was granted by the Panchayat in favour of the private respondent on 26th May, 1994 whereas the application for conversion of the land from shali to bastu was made only in 2022. Even at the cost of repetition, this Court is inclined to hold that there is no provision under the Panchayat Act or the relevant rules for post facto conversion of 3 the classification of land after completion of construction therein. The sanction for construction granted by the Panchayat prior to conversion of the land is illegal and not sustainable in law. Surprisingly, the Sub-Divisional Officer, in dealing with the issue in compliance with the order of this Court, has held by a order passed on 25th September, 2025 that the construction raised by the private respondents is legal and authorised. Since the said respondent has taken necessary permission for construction of the building from the concerned Panchayat and later changed the classification of the land from sali to bastu. The said order is irregular/illegal and is required to be quashed. In view of the above, the order impugned dated 25th September, 2025 passed by the Sub Divisional Officer, Baruipur is quashed. It is held that the construction raised by the private respondents is illegal/unauthorised. The Sub Divisional Officer, being the 3rd respondent herein, is directed to take necessary steps for demolition of the sid construction in accordance with law within 10 days from the date of communication of this order. The writ petition is disposed of. There shall be no order as to costs. 4 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.)