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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Rakhal Chandra Dutta @ Rakhal Dutta – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Hiranmay Bhattacharyya, J.
1. WPA 2138 of 2025 has been filed challenging the order dated June 14, 2025 passed by the Sub-Divisional Officer, Alipurduar praying for setting aside the said order and for other consequential reliefs.
2. WPA 2140 of 2025 has been filed praying for implementation of the order dated June 14, 2025 passed by the Sub-Divisional Officer, Alipurduar.
3. Since the first writ petition was filed by a group of private parties challenging an order passed by an authority and the other writ petition has been filed by the other group of private parties praying for implementation of the aforesaid order, these writ petitions were heard analogously and are being decided by this common order.
4. Parties shall be hereinafter referred to according to their respective position in WPA 2140 of 2025 and the facts leading to the filing of the said writ petition is summarized hereinafter as follows-
5. Petitioner No. 1 claims to be the recorded raiyat in respect of L.R. Plot No. 882 within mouja-Birpara, J.L.No. 45, district Alipurduar measuring about 58 decimals of land. Petitioners state that the Civil Court has passed a decree in favour of the petitioner in respect of th
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
The main legal point established in the judgment is that construction within the jurisdiction of the Gram Panchayat cannot be made without prior written permission, and any construction made in contr....
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
The court reaffirmed that unauthorized constructions cannot be regularized and emphasized enforcement of demolition orders under the Goa Panchayat Raj Act.
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
withdrawing the Suit or Writ Petition, fresh suit or Writ Petition is not maintainable.
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