Disposed

Pranab Kumar Ghosh v. State of West Bengal and Ors.

Calcutta HC16 Feb 2026WPA/233/2026

Case brief

AI extract

What is this about?

Writ petition dismissed for default was restored on the petitioner's application. Alleging unauthorised construction by private respondents without a sanctioned plan, the court directed the Panchayat Pradhan to consider and dispose of the petitioner's representation after hearing all parties, leaving title disputes to pending civil suits.

What did the court decide?

Order dated 16.02.2026 set aside; writ petition restored; Pradhan directed to decide representation dated 12.12.2025 within six weeks after hearing parties.

Pranab Kumar Ghosh Vs State of West Bengal and… — Municipal and Town Planning | Calcutta HC (2026)

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jdt. 08.04.2026 jb.

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WPA 233 of 2026

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(CAN 1 of 2026) (Pranab Kumar Ghosh vs. State of West Bengal & Ors.)

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Mr. Susnigdho Bhattacharyya Mr. Popi Sarkar

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…. For the Petitioner Razzak Hossain

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…. For the State

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Mr. Debnarayan Banerjee

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…. For the Respondent nos. 5 and 6

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The petitioner seeks restoration of the writ petition which was dismissed for default by an order passed on 16^th February, 2026.

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Heard learned counsels for the parties.

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Sufficient grounds being made out, the application

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being CAN 1 of 2026 is allowed.

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The order dated 16^th February, 2026 is set aside.

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The writ petition is restored to its original file and number.

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Re: WPA 233 of 2026

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Affidavit of service filed on behalf of the petitioner is taken on record.

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None appears for the Panchayat despite service.

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Learned counsel for the petitioner submits that the private respondents have encroached upon the land of the petitioner and have been raising constsruction therein without obtaining sanctioned plan from the concerned Panchayat. The petitioner submitted a representation in this regard before the concerned authority on 12^th December, 2025 which is yet to be considered.

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The petitioner seeks consideration of the same.

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Denying such allegation, learned counsel for the private respondents submits that in a title suit filed by the private respondents against the petitioner, an order of ad interim injunction has been granted in their favour restraining this petitioner from disturbing their peaceful possession in respect of the property. The private respondents are raising construction therein upon obtaining sanctioned plan from the Panchayat.

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It is not in dispute that the title suits are pending by and between the parties and the private respondents are enjoying an order of ad interim injunction granted by the learned trial Court. However, since the applicants allege that construction raised by the private respondents is without sanctioned plan from the Panchayat, the Pradhan, JyangraHatiara no. II, being the 4^th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 12^th December, 2025 in this regard within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law.

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The decision taken by the authority shall be communicated to the parties within a week thereof.

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It is made clear that the dispute with regard to the title, possession and encroachment of the property shall be dealt with by the learned civil Court in the pending suits.

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The 4^th respondent shall deal with the issue of unauthorised construction without obtaining any sanctioned plan.

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The writ petition is disposed of.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

Pranab Kumar Ghosh v. State of West Bengal and Ors.

Case brief

What is this about?

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Pranab Kumar Ghosh v. State of West Bengal and Ors.

Case brief

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What did the court decide?

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