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2026 DAILYLAW 4823 (CAL)

AJOY SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/27508/2025 · 2026-01-20

Kausik Chanda

body2026

Judgment text

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20.01.2026 Item no.27. Ct. No.15 Suman WPA 27508 of 2025 Ajoy Sarkar -vs- The State of West Bengal and Ors. Mr. Arup Kundu ..for the petitioner Mr. Sounak Bhattacharya Mr. Sounak Mondal Ms. Bipasha Bhattacharyya .for respondent no.6 By filing the present writ petition, the petitioner seeks implementation of an order dated December 5, 2023 passed by a Co-ordinate Bench of this Court. In the said writ petition, the petitioner had alleged unauthorized construction against respondent no. 6. By the said order, the learned Judge directed the concerned Panchayat to cause a spot inspection and to ensure that the construction was carried out in strict compliance with the sanctioned plan. It was further observed that if any unauthorized construction was detected, the Panchayat would take necessary remedial steps in accordance with law. Pursuant to the order dated December 5, 2023, it appears that the Pradhan of the concerned Gram Panchayat passed an order dated April 19, 2 2024. By the said order, the Pradhan, inter alia, detected illegal construction by both respondent no. 6 and the petitioner. It was specifically observed that although both the petitioner and respondent no. 6 had sanctioned building plans, neither had left the mandatory side open space while constructing their respective houses. The Pradhan accordingly directed both parties to take necessary steps in terms of the said order. Learned counsel appearing for the petitioner submits that the petitioner is not inclined to challenge the order dated April 19, 2024 passed by the Pradhan. In view of the above, no further order is required to be passed in the present writ petition, as the order dated December 5, 2023 has already been complied with by the concerned Panchayat authority. With the above observations, WPA 27508 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)