19.01.2026 Item no.04.

Ct. No.15 Suman WPA 25764 of 2025 Rabindra Nath Modak -vs-

The State of West Bengal and Ors.

Mr. Pankaj Halder Ms. Dipanwita Laha Ms. Seuli Banerjee ..for the petitioner Mr. Sounak Bhattacharya Mr. Sounak Mondal Ms. Bipasha Bhattacharya ..for respondent no.9. Mr. Debnarayan Patra Mr. Pasupati Sana ..for the State The petitioner alleges that respondent no. 9 has constructed a residential building by filling up land classified as a pond.

This constitutes the second round of litigation. The earlier writ petition filed by the petitioner, WPA 302 of 2025 (Rabindra Nath Modak vs. The State of West Bengal & Ors.), was disposed of by a Co-ordinate Bench by an order dated April 4, 2025, directing, inter alia, the concerned Pradhan of the Gram Panchayat to consider the petitioner’s case in accordance with law.

Pursuant thereto, the Pradhan passed an order on August 19, 2025, declining to refer the matter to the Sub-Divisional Officer under Section

23(5) of the West Bengal Panchayat Act, 1973. The relevant portion of the order is quoted below:

“From the spot enquiry the following points have been observed.

1. L.R. Plot no.644 corresponding to R.S. plot no.618 Mouza Mallikpur (