06.01.2026

Sl No.311 Ct. No.15

S.A.

WPA 16808 of 2025

Dr. Ajoy Kumar Biswas

-vs-

The State of West Bengal & Ors.

Mr. Milan Chandra Bhattacharjee, sr. adv.

Ms. Sulagna Bhattacharya

…for the petitioner

Mr. Biswajit De

Mr. Arindam Mitra

…for the State

Mr. Gautam Lahiri

…for respondent no.4

Mr. Bharat Chandra Simai

Mr. Somesh Panja

…for respondent nos.5 & 6

Heard the parties.

Section 23(5) of the West Bengal Panchayat Act,

1973, prior to the introduction of the West Bengal Panchayat (Amendment) Act, 2017, which came into

effect on 9 November 2017, read as follows:

“(5) No appeal shall lie against the order of the appellate authority referred to in

sub-section (4).”

By virtue of the aforesaid amendment, the

substituted sub-section (5) reads as follows:

“(5) Where any new structure or new building or any addition to any structure or building is being or has been erected or made, as the case may be, in contravention of the provisions of sub- section (1), the permission granting authority shall refer the matter to the Sub- Divisional Officer concerned who may after opportunity of being heard, make an order portion of the building, as the case may be,

by the owner within such period as may be specified in order and