MANAS KOTAL AND ORS vs STATE OF WEST BENGAL AND ORS.

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Form No.J2

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE

Present:
The Hon’ble Justice Ananya Bandyopadhyay


W.P.A. 12204 of 2023
Manas Kotal & Ors.
-Vs-
The State of West Bengal & Ors.

For the Petitioner : Mr. Soumen Kumar Dutta
Ms. Juthika Barman

For the Respondent No.5 : Mr. Samit Bhanja
Mr. Arkadipta Sengupta
Mr. Arka Roy
Ms. Ankita Ghosh


Judgment on : 01.09.2026

Ananya Bandyopadhyay, J.:-
1. Heard the submissions of the Learned Advocates representing the respective
parties.
2. The writ petition relates to Plot No.778, Mouza-Parulia, J.L. No.275,
measuring approximately 0.24 acres. The petitioners claim interest in the
said plot by virtue of several deeds of purchase and the entries in the Record
of Rights. Their grievance concerns a pucca structure covering approximately
0.068 acres of the plot, which, according to the petitioners, the private

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respondent has raised without obtaining the previous permission required
under Section 23 of the West Bengal Panchayat Act, 1973.

3. The petitioners submitted a representation before the concerned Gram
Panchayat and sought appropriate action in respect of the said construction.
The petitioners contended the Gram Panchayat did not initiate proceedings
pursuant to such representation.
4. The private respondent disputes petitioners' claim. He relies upon a patta
granted in favour of his predecessor, subsequent mutation, payment of
khajna, property-tax receipts, electricity connection and an alleged sanction
for construction. He further asserts that the structure has existed for several
decades and that the petitioners have acquired their interest in the property
with knowledge of the existing structure.
5. The rival claims of the parties are also the subject matter of a civil
proceeding presently pending before the competent Civil Court at Paschim
Medinipur. Title Suit No. 115 of 2024 is pending before the said Court and
the private respondent has filed his written statement therein. The materials
before this Court further indicate no order of injunction presently operates in
respect of Plot No.778 or Plot No.780.
6. The pendency of the said civil suit marks the permissible limits of
adjudication in the present writ proceedings. The validity and effect of the
respective deeds, the efficacy of the patta, acquisition of title by prescription,
possession, identity and extent of the land and the competing proprietary
claims of the parties require determination by the Civil Court upon
pleadings and evidence adduced before it.

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7. This Court, therefore, expresses no opinion upon the title or possessory
rights asserted by either party. The Civil Court shall determine those
questions in accordance with law, upon the evidence adduced before it.
8. The grievance concerning the construction raises a distinct statutory issue.
9. Section 23(1) of the West Bengal Panchayat Act, 1973 requires previous
written permission of the Gram Panchayat for erection of a new structure or
building, or for an addition to an existing structure or building, within the
jurisdiction of a Gram Panchayat, subject to the provisions of the Act and
the applicable rules. Section 23(5) of the said Act prescribes the procedure
where construction takes place in contravention of sub-section (1). The
permission-granting authority is required to refer the matter to the
concerned Sub-Divisional Officer, who, after giving the owner an opportunity
of hearing, may pass the order contemplated by the provision.

10. The statutory regulation of construction and the adjudication of title operate
within separate spheres. Ownership of land does not dispense with the
requirement of statutory permission for construction. A proceeding
concerning the legality of construction does not confer jurisdiction upon the
statutory authority to determine title to the land.
11. The materials before the Court disclose circumstances requiring
consideration under Section 23 of the said Act. Pursuant to the order dated
th
20 November, 2025, the property was inspected on 16th January, 2026.
The compliance report identifies Plot No.778, Mouza-Parulia, J.L. No. 275, as
measuring approximately 0.24 acres and classifies the land as “Hatkhola”.

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12. The field enquiry report identifies Manas Kotal, son of Ratan Kotal and
others, as the recorded holders of Plot No. 778. The report further
states Satyen Manna, the private respondent, does not figure as a raiyat in
relation to the said plot. It also notes the existence of a pucca building with a
small shop over approximately 0.068 acres and states the private respondent
could not produce any document evincing ownership over Plot No.778 at the
time of inspection.
13. Petitioner No.1, the private respondent, the concerned revenue officials and
the Special Officer appointed by this Court were present during the
inspection. The inspection report, field enquiry report, sketch map and
connected land records constitute relevant material for consideration by the
statutory authority.
14. The respondent relies upon a patta, mutation records, revenue and property-
tax receipts, electricity documents and an alleged sanction for construction.
The effect of those documents upon the proprietary rights of the parties
remains a matter for the Civil Court. The alleged sanction, its existence and
its legal effect upon the construction may, however, be examined by the
authority competent under Section 23 of the said Act.
15. The jurisdictional distinction is thus clear. The Civil Court determines title to
the land; the authority exercising power under Section 23 of the said Act,
examines compliance of the construction with the statutory requirements.
16. The pendency of Title Suit No.115 of 2024 does not, by itself, suspend the
statutory jurisdiction to examine the construction. The civil proceeding and

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the statutory proceeding may continue within the respective fields assigned
commensurate to legal provisions.

17. The statutory authority shall, however, confine its consideration to the
construction and the requirements of Section 23 of the said Act. It shall not
determine the validity of the respective title documents, the efficacy of the
patta, acquisition of title by adverse possession, possession or the
proprietary entitlement of either party.
18. Section 23(5) of the said Act, prescribes the course to be followed where
construction is found to have been raised in contravention of Section 23(1) of
the said Act. The Gram Panchayat is required to afford statutory reference to
the concerned Sub-Divisional Officer. The Sub-Divisional Officer is thereafter
required to accord the owner an opportunity of hearing before passing the
order contemplated by the provision.

19. The statutory procedure shall therefore govern consideration of the
petitioners' complaint. This Court shall not itself determine the consequence
of the alleged breach or direct demolition without recourse to the procedure
prescribed by the Act.
20. Accordingly, the concerned Gram Panchayat shall consider the petitioners'
representation together with the inspection report, field enquiry report,
sketch map, Record of Rights and other relevant materials available on
record.
21. If the Gram Panchayat finds the construction requires action under Section
23(5) of the West Bengal Panchayat Act, 1973, it shall offer the prescribed

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reference to the concerned Sub-Divisional Officer and shall transmit the
relevant records with such reference.

22. Upon receipt of the reference, the Sub-Divisional Officer shall issue notice to
the private respondent and shall provide him reasonable opportunity to
produce the patta, the alleged sanction for construction, mutation records,
revenue receipts, property-tax receipts, electricity documents and such other
materials upon which he intends to rely. The petitioners shall likewise have
liberty to produce their deeds, Record of Rights, representations, inspection
materials and other documents relevant to the statutory inquiry.
23. The Sub-Divisional Officer shall thereafter determine whether the
construction has been erected with the previous written permission required
under Section 23(1) of the said Act, having regard to the statutory regime
applicable to the construction at the relevant time. If the statutory
conditions contemplated under Section 23(5) of the said Act are satisfied, the
Sub-Divisional Officer shall pass such order as the provision permits.
24. Any order concerning demolition shall emanate from the authority vested
with such power under the statute and shall follow the hearing prescribed
therein. The decision shall address the materials produced by the parties
and the statutory requirements applicable to the construction.
25. The proceedings under Section 23 of the said Act, shall not constitute an
adjudication of title. The statutory authority shall not indulge determination
concerning the validity of the respective deeds, the efficacy of the patta,
adverse possession, possession or the proprietary entitlement of either party.

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26. The pendency of the civil suit shall not constitute a ground for withholding
the statutory inquiry. The statutory proceeding shall remain confined to the
question of compliance with the provisions governing the construction.
27. The Civil Court seized of Title Suit No.115 of 2024 shall remain free to
determine every issue arising therein upon the pleadings and evidence before
it. Nothing contained in this order shall affect such adjudication.
28. The Gram Panchayat shall take the requisite decision regarding reference, if
any, within four weeks from the date of communication of this order. In the
event of a reference, the concerned Sub-Divisional Officer shall endeavour to
conclude the statutory proceeding within eight weeks thereafter, after
affording the parties reasonable opportunity of hearing.
29. The writ petition is accordingly disposed of with the aforesaid directions.
30. There shall be no order as to costs.

31. Urgent photostat certified copy of this order, if applied for, shall be supplied
to the parties upon compliance with the requisite formalities.


(Ananya Bandyopadhyay, J.)

P.G./K.S.
A.R. (Ct)