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2026 DAILYLAW 7218 (CAL)

TAPAN PATRA v. THE STATE OF WEST BENGAL AND ORS.

WPA/30001/2024 · 2026-04-09

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

40 jdt. 09.04.2026 jb. WPA 30001 of 2024 (Tapan Patra vs. State of West Bengal & Ors.) Sk Sahjahan Ali …. For the Petitioner Ahasanuz Zaman …. For the State Affidavit of service filed on behalf of the petitioner is taken on record. None appears for the private respondent despite service. The petitioner alleges that the private respondent who is the co-sharer in respect of the plot in question with the petitioner is raising unauthorised construction therein without obtaining any sanction from the Panchayat. In reply to the application made by the petitioner under the Right to Information Act, he was informed that the construction raised by the private respondent is without any approval from the Panchayat. Report submitted by the State also suggests that no permission of construction was granted to the private respondent by the concerned Panchayat. The petitioner has submitted a representation before the concerned authority in this regard on 2nd December, 2024 and seeks consideration of the same. In view of the fact that the Block Development Officer as well as the Executive Assistant, Jumki Gram 2 Panchayat have prima facie observed that the construction raised by the private respondent is not supported by any sanction from the Panchayat and also, since the representation submitted by the petitioner is pending in this regard, the Pradhan, Jumki Gram Panchayat, being the 7th respondent herein, is directed to consider and dispose of the same within six 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 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/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. 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.)