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

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

What the court decided

AI extract

Outcome

Direction to the Block Development Officer, Sagar (respondent no. 6) to consider the petitioner's representation dated April 6, 2026 after affording an opportunity of hearing to the petitioner, the authorities of the local Gram Panchayat and any other affected person(s) or their authorised representatives, and to dispose of the representation by passing a reasoned order to be communicated within four weeks; no order as to costs.

Issue for consideration

Whether the Block Development Officer, Sagar (respondent no. 6) should consider and dispose of the petitioner's representation dated April 6, 2026 regarding construction of a Gram Panchayat road over his plots without acquisition proceedings.

Ratio / Principle

Without entering into the merits of the claim made in the representation dated April 6, 2026, WPA 9932 of 2026 stands disposed of by directing the Block Development Officer, Sagar (respondent no. 6) to consider the petitioner's representation dated April 6, 2026.

Key takeaways

The consideration of the representation shall take place after affording an opportunity of hearing to the petitioner, the authorities of the local Gram Panchayat and any other person(s) affected by such decision or their authorised representatives, and the representation shall be disposed of by passing a reasoned order.ratio¶21
The reasoned order shall be communicated to the petitioner and others as expeditiously as possible but positively within a period of four weeks from receipt of a server copy of the order along with a copy of the representation dated April 6, 2026.ratio¶23

Detailed headnote1 paragraphs

Writ petition (WPA 9932 of 2026) by Chandan Jana against The State of West Bengal & Ors., alleging that the authorities of the local Gram Panchayat constructed a pucca road from the house of Pradyut Giri to Jibantala Kelvert and thereafter to the house of Parameshwar Bhuiya, utilising the petitioner's land (L.R. Dag Nos. 901, 902, 903, 904 and 905, Mouza Manasadwip, Police Station Sagar, District South 24-Parganas) without initiating any acquisition proceeding. The petitioner's representation dated April 6, 2026 to the Block Development Officer, Sagar remained undecided despite receipt. Without entering into the merits, Hiranmay Bhattacharyya, J. disposed of the petition, directing the BDO, Sagar (respondent no. 6) to consider the representation after affording an opportunity of hearing to the petitioner, the local Gram Panchayat authorities and other affected person(s) or their authorised representatives, and to dispose of it by a reasoned order communicated as expeditiously as possible and positively within four weeks of receipt of a server copy of the order together with a copy of the representation. No order as to costs.

M/L- 17 08/06/2026 Ct. No.-19 Aritra

WPA 9932 of 2026

Chandan Jana Vs.

The State of West Bengal & Ors.

Mr. Kapil Chandra Sahoo Ms. Tithi Piplai

….for the petitioner

Mr. Nilanjan Bhattacharyya, S.S.C., Mr. Brijendra Pratap Singh

….for the State

Affidavit of service filed in Court today is taken on record.

The learned advocate for the petitioner submits that the respondents have been duly served.

In spite of service none appears for the State.

Mr. Bhattacharyya, learned Senior Standing Counsel, who usually represents the State is present in Court and is requested to appear in this matter.

Let the appointment of Mr. Bhattacharyya along with a junior of his choice be regularised by the concerned authority.

A copy of the writ petition has been served upon Mr. Bhattacharyya in course of hearing of this writ petition.

The petitioner alleges that the authorities of the local Gram Panchayat has constructed a pucca road from the house of Pradyut Giri to Jibantala Kelvert and, thereafter, Jibantala Kelvert to the house of Parameshwar Bhuiya thereby utilizing the property of the petitioner being L.R. Dag Nos.901, 902, 903, 904 and 905 within Mouza-

2

Manasadwip under Police Station-Sagar in the District of South 24-Parganans without initiating any proceeding for acquisition of the said plots of land.

The petitioner claims to have submitted a representation before the Block Development Officer, Sagar dated April 6, 2026.

The learned advocate appearing for the petitioner submits that in spite of receipt of such representation, no decision on such representation has been communicated by the said authority to the petitioner till date.

Mr. Bhattacharyya, learned Senior Standing Counsel submits that the decision on the representation dated April 6, 2026 shall be communicated to the petitioner within the time limit as may be fixed by this Court.

In the light of the submissions made by the learned advocates for the respective parties and without entering into the merits of the claim made by the petitioner in the representation dated April 6, 2026, WPA 9932 of 2026 stands disposed of by directing the Block Development Officer, Sagar, being the respondent no.6 to consider the representation of the petitioner dated April 6, 2026 and after affording an opportunity of hearing to the petitioner, the authorities of the local Gram Panchayat and any other person(s), who may be affected by such decision or their authorised representatives and dispose of the said representation by passing a reasoned order which shall be communicated to the petitioner and others as expeditiously as possible but positively within a period of 4

3

weeks from the receipt of a server copy of this order along with a copy of the representation dated April 6, 2026.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)