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2026 DAILYLAW 6748 (CAL)

SK. MOHAMMAD SELIM AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/8394/2025 · 2026-02-25

Kausik Chanda

body2026

Judgment text

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A 935 25.02.2026 Court No. 15 D.Hira W.P.A 8394 of 2025 Sk. Mohammad Selim & Ors. -versus- The State of West Bengal & Ors. Mr. Rabiudin Ahmed. …For the Petitioners The affidavit of service filed in Court today is taken on record. The petitioners allege unauthorized construction by respondent no. 10. The petitioners claim to be the owners of plot no. 1325, Mouza Madhupur, J.L. No. 82, P.S. Arambagh, District Hooghly. It is alleged that respondent no. 10 has constructed a building without leaving the mandatory open space. It is further alleged that the entire construction has been carried out without any sanctioned plan from the Panchayat Authority. Despite service, none appears on behalf of the respondents. From the photographs annexed to the writ petition, it appears that, at the time of filing of the writ petition, the alleged unauthorized construction was ongoing. Learned counsel for the petitioners submits that, notwithstanding the representation made by the petitioners, no steps have been taken by the authorities. 2 In view of the aforesaid, the writ petition is disposed of with a direction upon the Pradhan, Harinkhola–I No. Gram Panchayat, respondent no. 6, to consider the petitioners’ representation dated March 29, 2025 (Annexure P-3 at page 57 of the writ petition) within two weeks from the date of communication of this order. In the event any unauthorized construction, as alleged by the petitioners, is detected, the Pradhan, Harinkhola–I No. Gram Panchayat, shall take immediate steps strictly in accordance with Section 23(5) of the West Bengal Panchayat Act, 1973. Accordingly, WPA No. 8394 of 2025 is disposed of. Urgent certified Photostat copy of this order, if applied for, be given to the parties on compliance of requisite formalities. (Kausik Chanda, J.)