Tamejuddin Shah v. State of West Bengal and Ors.

Calcutta HC9 Feb 2026WPA/29203/2025

Case brief

AI extract

What is this about?

Unauthorised construction; co-sharer; land conversion ('bastu'); sanctioned plan; building rules; Madhupur Gram Panchayat; Pradhan; disposal of representation dated 07.11.2025; six-week timeline; hearing to parties; West Bengal panchayat; writ petition disposed; no costs.

What did the court decide?

Writ petition disposed of with directions: Pradhan, Madhupur Gram Panchayat to consider and dispose of the petitioner's representation dated 07.11.2025 within six weeks of communication of the order, after hearing all concerned including the petitioner and the private respondent; decision to be communicated to the parties within a week thereafter; if the construction is found illegal/unauthorised, the authority to take necessary steps in accordance with law. No order as to costs. ¶¶15

Tamejuddin Shah Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶15

Issue for consideration

Whether the private respondent (co-sharer) is raising unauthorised construction without conversion of the nature of the land, without a sanctioned plan from the Panchayat, and in violation of the building rules. +1 more

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Court's answer

If the construction raised by the private respondent is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law.

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Ratio / Principle

The Pradhan, Madhupur Gram Panchayat (7th respondent) is directed to consider and dispose of the petitioner's pending representation within six weeks from the date of communication of the order.

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Key takeaways

The representation is to be disposed of upon granting reasonable opportunity of hearing to all concerned, including the petitioner and the private respondent, in accordance with law.ratio¶¶12
The decision taken by the authority shall be communicated to the parties within a week of its taking.ratio¶¶13
Since no affidavit was invited, the allegations contained in the writ petition are deemed not to have been admitted (standard protective recital).obiter

Detailed headnote1 paragraphs

Writ Petition (WPA 29203 of 2025, decided 20.04.2026) — Tamejuddin Shah v. State of West Bengal & Ors.: The petitioner alleged that the private respondent, a co-sharer of the plot, was raising unauthorised construction without conversion of the nature of the land, without a sanctioned plan from the Panchayat, and in violation of the building rules; counsel for the private respondent submitted that the land classification had been converted to 'bastu' before construction (recorded as a submission, not adjudicated). Since the petitioner's representation dated 07.11.2025 was pending, the court disposed of the writ petition directing the Pradhan, Madhupur Gram Panchayat (7th respondent) to consider and dispose of the representation within six weeks of communication of the order, after granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law; the decision is to be communicated to the parties within a week thereof; if the construction is found illegal/unauthorised, the authority is to take necessary steps in accordance with law. No order as to costs; allegations deemed not admitted as no affidavit was invited.

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jdt. 20.04.2026 jb.

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WPA 29203 of 2025 (Tamejuddin Shah vs. State of West Bengal & Ors.)

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Mr. Atis Kumar Biswas Ms. Mita Biswas Mrs. Jyoti Agarwal Ms. Priyanka Ghosh …. For the Petitioner Mr. Bhakti Prasad Das

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…. For the State

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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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The petitioner alleges that the private respondent who is the co-sharer of the plot in question is raising unauthorised construction without conversion of the nature of the land and without obtaining any sanctioned plan from the concerned Panchayat and also in violation of the building rules. The petitioner submitted a representation before the concerned authority on 7^th November, 2025 and seeks consideration of the same.

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Learned counsel for the private respondent submits that classification of the land has been converted to 8bastu9 before raising construction therein.

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However, since the representation submitted by the petitioner before the concerned authority is pending, the Pradhan, Madhupur Gram Panchayat, being the 7^th 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

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to all concerned including the petitioner and the private respondent, 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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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.

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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.

Tamejuddin Shah v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Tamejuddin Shah v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Case details

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