Calcutta High Court

FMA/1017/2026 of ABDUL GAFFAR BISWAS Vs THE STATE OF WEST BENGAL AND ORS on 2 September 2026

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Court No. 12 Item No.34 Sandip FMA 1017 of 2026 With CAN 1 of 2026 CAN 2 of 2026 Mr. Abdul Gaffar Biswas Vs. The State of West Bengal & Ors. Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Samim Ahammed, Mr. Arka Maiti, Ms. Gulsanwara Pervin …for the Appellant. Mr. Q. A . M. Firoz,

02.09.2026

Court No. 12

Item No.34

Sandip

FMA 1017 of 2026

With

CAN 1 of 2026

CAN 2 of 2026

Mr. Abdul Gaffar Biswas

Vs.

The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Samim Ahammed, Mr. Arka Maiti, Ms. Gulsanwara Pervin …for the Appellant.

Mr. Q. A. M. Firoz,

Mr. Arun Shaw,

Ms. Torsa Min Bahar

… for the respondent no.8.

Mr. Rahul Agarwala

…for the State.

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1. The appeal arises out of an order dated June 25, 2026, passed in W.P.A. 12077 of 2026.

2. By the order impugned, the learned Judge dismissed the writ petition on the ground that absence of a sanction plan was not a good ground for seeking demolition of a construction.

3. We are unable to accept such contention. Section 23 of the West Bengal Panchayat Act, 1973 provides that no construction can be made without any permission from the Gram Panchayat.

4. Under such circumstances, we also find that Her Lordship’s appreciation of the fact that on an earlier occasion a temporary structure had been constructed and such issue had been disposed of, would operate as a bar for any further proceeding under Section 23 of the said Act, is misconceived.

5. Under such circumstances, the appeal is allowed. The order impugned is set aside. The appellant shall file a proper complaint before the Gram Panchayat. The Gram Panchayat upon receipt of such complaint shall cause an inspection in the premises in question, in presence of all the parties. The report of such inspection shall be prepared and handed over to the parties. A hearing shall be given to all the parties and a reasoned order shall be passed. If the Gram Panchayat is of the, prima facie, view that the construction was done either without any permission or in violation of the building rules, the records shall be forwarded to the Sub-Divisional Officer under Section 23(5) of the said Act. The Sub-Divisional Officer shall thereafter act in accordance with law.

6. We have not gone into the merits of the rival contentions of the parties. We make it clear that the Gram Panchayat will not decide any other issue with regard to right, title and interest of the parties. The entire exercise shall be completed within three months from the date of communication of this order.

7. Accordingly, the appeal and the connected applications are disposed of.

8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)

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