Calcutta High Court
WPA/16225/2026 of SUDEB GHOSH Vs STATE OF WEST BENGAL AND ORS. on 25 September 2026
25.09.2026 jb. WPA 16225 of 2026 (Sudeb Ghosh vs. State of West Bengal & Ors.) Ms. Manali Biswas …. For the Petitioner The State is not represented, nor any report submitted. Therefore, it can be inferred that the State has chosen not to raise any objection to the petitioner’s
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jdt. 25.09.2026 jb.
WPA 16225 of 2026 (Sudeb Ghosh vs. State of West Bengal & Ors.)
Ms. Manali Biswas …. For the Petitioner
The State is not represented, nor any report submitted. Therefore, it can be inferred that the State has chosen not to raise any objection to the petitioner’s claim in the writ petition and has in fact admitted the said claim. Learned counsel for the petitioner submits that the petitioner is the recorded owner of the plot in question through which the Panchayat authority has constructed a metal road without acquiring the said portion of the land or obtaining consent of the petitioner. The issue was dealt with by the District Magistrate and Collector, Murshidahad and by an order passed on 21st May, 2025 it is held that the petitioner has produced title deed in support of his right, title and interest and in respect of the plot in question. But since he could not substantiate his claim for the property in respect of the boundaries mentioned in the deed, his prayer could not be acceded to. The said order is assailed in the present application. It is not in dispute that the petitioner is the owner of the plot in question, a portion of which has been encroached upon by the Panchayat Authority in constructing the metal road. There is nothing on record to suggest that the said portion of the plot has either been acquired by the authority or consent of the petitioner was taken for such construction. In the said backdrop, this Court is of the view that the Panchayat authority ought to be directed to restore the said portion of the plot in favour of the petitioner by restoring it to its original character. The order impugned passed by the District Magistrate and Collector, Murshidabad is without any basis and is, therefore, quashed/set aside. The Pradhan, Jalangi Gram Panchayat, being the 7th respondent herein, is directed to restore the portion of the path/road encroaching upon the petitioner’s land to its original nature and character and return the same to the petitioner within two weeks from the date of communication of this order. The writ petition is disposed of. There shall be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)