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2026 Supreme(Online)(Cal) 3627

In the High Court at Calcutta


Constitutional Writ Jurisdiction

Appellate Side


Present: THE HON’BLE JUSTICE RISHAD MEDORA


WPA/31374/2026


DULAL CHANDRA SANFUI Vs. THE STATE OF WEST BENGAL & ORS.



For the Petitioner : Mr. Sabyasachi Chatterjee, Advocate


Mr. Rishabh Ahmad Khan, Advocate


Mr. Badrul Karim, Advocate


Mr. Jamiruddin Sk., Advocate


For the Respondent (9) : Mr. Mahim Sasmal, Advocate


Mr. Nilavo Bera, Advocate


For the State : Mr. Ajit Kumar Mishra, Ld. AGP


Ms. Ranjana Chatterjee, Advocate


Mr. Krishnasan Ghosh, Advocate


Heard on : November 9, 2026.

Judgment On : November 9. 2026.


FORM NO. J (2)


(RISHAD MEDORA, J.)

The Court:

1. The petitioner has filed the present writ petition praying for, inter alia, an order quashing or setting aside an order dated October 13, 2026 passed by the Sub-Divisional Officer, Baruipur whereby he was pleased to direct the petitioner to demolish his house by October 28, 2026.

2. There is a significant amount of history in this matter in terms of diverse proceedings concerning the subject matter of the present writ petition.

3. It appears from the records of the case that the private respondent no. 9 had initially filed WPA/21862/2018 before this Court praying for, inter alia, a writ of mandamus directing the concerned respondents therein to demolish a building constructed by the petitioner on the ground that the same was illegal.

4. By an order dated April 16, 2025, a Coordinate Bench of this Court was pleased to dispose of the aforesaid writ petition without passing any order for demolishing the said building.

5. The private respondent no. 9 preferred an appeal, being FMA/898/2025, before this Court against the aforesaid order dated April 16, 2025.

6. By an order dated August 25, 2025, a Division Bench of this Court was pleased to dispose of the aforesaid appeal by directing, inter alia, the Sub-Divisional Officer, Baruipur to call for the records of the construction of the aforesaid building from the concerned Gram Panchayat, conduct a personal hearing of the petitioner and the private respondent no. 9 and take immediate steps in accordance with law.

7. It is also recorded in the aforesaid order dated August 25, 2025 that this Court was of the clear and unequivocal view that the construction made by the petitioner herein is ex facie illegal, contrary to the provisions of both the West Bengal Panchayat Act, 1973 and the West Bengal Land Reforms Act, 1955 in general. It was further recorded that there are no provisions for regularization of an illegal construction under the provisions of the West Bengal Panchayat Act, 1973.

8. In terms of the aforesaid order dated August 25, 2025, the learned Sub-Divisional Officer was pleased to pass an order dated November 11, 2025 holding that the construction of the said building by the petitioner was legal and authorized.

9. This order was assailed by the private respondent no. 9 by filing WPA/7518/2026 before this Court. By an order dated September 23, 2026 in the aforesaid writ petition, the aforesaid order dated September 25, 2025 passed by the Sub-Divisional Officer, Baruipur was quashed by a Co-ordinate Bench of this Court and it was held that the construction raised by the petitioner herein is illegal/unauthorized. The Sub-Divisional Officer, Baruipur was directed to take necessary steps for demolition of the said construction in accordance with law within 10 days from the date of communication of the said order.

10. The petitioner herein assailed the aforesaid order dated September 23, 2026 by filing MAT/1714/2026 before this Court. When the aforesaid appeal was taken up for hearing on October 5, 2026 before a Division Bench of this Court, the petitioner prayed for an adjournment and accordingly, the matter was directed to appear in the list after the Puja Vacation.

11. In the meanwhile, the Sub-Divisional Officer, Baruipur issued a notice dated October 8, 2026 and requested the petitioner as well as the private respondent no. 9 to attend a hearing before him on October 13, 2026 in connection with the aforesaid order dated September 23, 2026 passed in WPA/7518/2026.

12. Thereafter, by an order dated October 13, 2026, the learned Sub-Divisional Officer, Baruipur directed the petitioner to demolish his illegal construction by October 28, 2026 after taking note of the fact that no stay order had been passed in respect of the aforesaid order dated September 23, 2026 passed by a Coordinate Bench of this Court in WPA/7518/2026.

13. Being aggrieved by the aforesaid order dated October 13, 2026, the petitioner has filed the present writ petition assailing the same.

14. Le

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