Raghunath Karmakar vs The State Of West Bengal & Ors on 21 April, 2026

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    Calcutta High Court (Appellete Side)

    Raghunath Karmakar vs The State Of West Bengal & Ors on 21 April, 2026

    21.04.2026
    Sl. Nos. 1 & 2(DL)
     Ct. No.14
       ss/srm
                             IN THE HIGH COURT AT CALCUTTA
                            CONSTITUTIONAL WRIT JURISDICTION
                                     APPELLATE SIDE
    
                                          [Assigned)
                                 W.P.A. No. 20293 of 2023
                                             With
                                       CAN 1 of 2023
                                              ,
    
    
    
                                    Raghunath Karmakar
                                            Versus
                               The State of West Bengal & Ors.
                                             With
                                 W.P.A. No. 27298 of 2022
                                      Sabita Bhowmick
                                            Versus
                               The State of West Bengal & Ors.
    
    
                   Mr. Srinjoy Das,
                   Mr. Aritra Ghosh
                   Ms. Jui Jana
                   Mr. Biswajit Sengupta
                   Mr. Debarpan Dutta
                   Ms. Sneha Das
                                ...for the Petitioner in WPA 20293/2023 &
                                    Respondent No.7 in WPA 27298/2022.

    Mr. Tanmay Basu
    Mr. Manoj Adak
    …for the Petitioner in WPA 27298/2022 &
    Respondent No.9 in WPA 20293/2023.

    Mr. Tapas Kumar Mandal
    …for the State in WPA 20293/2023.

    SPONSORED

    Mr. Ashim Kumar Ganguly, AGP
    Ms. Joytsna Roy Mukherjee
    …for the State in WPA 27298/2022.

    1. These matters are appearing in the list under the

    heading ‘For Orders’.

    2. By writ petition WPA 27298 of 2022 (in short WP-I),

    the petitioner Sabita Bhowmick seeks for setting

    aside and/or quashing of Memo No. Earth

    Extraction/MM/2200/Singur dated 14th November,
    2

    2022 issued by the respondent No.4, Block Land &

    Land Reforms Officer, Singur, Hooghly.

    3. By writ petition WPA 20293 of 2023 (in short WP-II),

    the petitioner Raghunath Karmakar seeks for specific

    direction upon the respondent No.3, Sub-Divisional

    Officer, Chandannagar, Hooghly to demolish the

    illegal construction undertaken by respondent No.9

    over the landed property measuring 29 Satak, Sali

    land, R.S. Khatian Nos.36, L.R. Khatian Nos.1041,

    1040, 1039, 1043; Khatian Nos.115, 608, 609, 610,

    611, 999, R.S. and L.R. Dag No.582, Village & Mouza

    – Rajarbathan, J.L. No.24 under Boinchipota Gram

    Panchayat, District-Hooghly (hereinafter referred to as

    the ‘subject land’).

    4. In WP-I, the petitioner contends that she has

    purchased the subject land by dint of two registered

    deeds of sale executed in the year 2017 amd 2018

    respectively and her name has been duly mutated in

    the record of rights. The local Gram Panchayat has

    accorded permission to the petitioner for making

    construction over the subject land. The report of the

    concerned Gram Panchayat reveals that the subject

    land has not been used for cultivation for last 25

    years. On 15th July 2022 the petitioner applied for

    conversion. However, without any statutory authority

    respondent No.4, Block Land & Land Reforms Officer,

    Singur has issued the Memo dated 14th November,

    2022 under section 4C(5) of the West Bengal Land

    Reforms Act, 1955 (in short ‘WBLR Act‘). Being
    3

    aggrieved by such action of respondent no.4, the

    petitioner has preferred the present writ petition.

    5. In WP-II, the petitioner contends that he is the

    recorded bargadar of the subject land measuring 29

    Satak, Sali land and he has been cultivating the

    subject land for the last 40 years. The subject land

    was sold by the erstwhile owners to private

    respondent No.9 on 29th June, 2018. On getting

    knowledge of the aforesaid conveyance, the petitioner

    challenged such transfer before the learned Civil

    Judge (Junior Division) at Chandannagar, Hooghly in

    Title Suit No.219 of 2015. At the instance of the

    petitioner an order of injunction was passed by the

    learned Civil Judge restraining the defendant

    (respondent No.9) from changing the nature and

    character of the subject land. The respondent No.9

    has raised illegal construction without necessary

    permission from the local Gram Panchayat and also

    without conversion of the nature of land from Sali to

    Bastu. Hence, the writ petition seeking for demolition

    of such illegal construction.

    6. Mr. Tanmay Basu, learned Advocate for the petitioner

    in WP-I submits that the Block Land & Land Reforms

    Officer is not the appropriate authority to issue any

    notice under Section 4C(5) of the WBLR Act.

    Therefore, the impugned notice is liable to be set

    aside.

    7. On the contrary, Ms. Jyotsna Roy Mukhjerjee, learned

    Advocate appearing for the State in WP-I submits that
    4

    since the petitioner tried to change the nature and

    character of the subject land such notice has been

    issued under Section 4C(5) of the WBLR Act. As per

    Section 2(4) of the WBLR Act a Collector of a district

    or any other officer appointed by the State

    Government to discharge any of the function of a

    Collector under this Act is the ‘Collector’. Therefore,

    the BL&LRO is very much authorised to issue such

    notice. Moreover, she indicates that the grievance of

    the petitioner ought to have been agitated by way of

    an appeal before the appropriate authority as

    provided under Section 54 of the WBLR Act. She seek

    for dismissal of the writ petition namely WP-I.

    8. Mr. Srinjoy Das, learned Advocate for the petitioner in

    WP-II and respondent No.7 in WP-I submits that the

    petitioner in WP-I has failed to produce any document

    showing sanction of building plan by the local Gram

    Panchayat or conversion of the subject land from

    ‘Sali’ to ‘Bastu’ in support of the work of construction

    undertaken. There is no such sanctioned building

    plan or conversion of the land issued to the petitioner

    to undertake any such construction over the subject

    land. Since the land has not been converted the

    question of sanctioning building plan would not arise

    in view of Rule 26 of the West Bengal Panchayat

    (Gram Panchayat Administration) Rules, 2004

    (hereinafter referred to as ‘Rules of 2004’). He seeks

    for appropriate orders.

    5

    9. Mr Tapas Kumar Mondal, learned advocate for the

    State in WP-II submits that the respondent no.9 has

    made construction without permission from the local

    Panchayat and the nature of land is also not coverted.

    10. Mr. Tanmay Basu, learned Advocate for the petitioner

    in WP-I and respondent no.9 in WP-II also submits

    that the writ petition being WP-II is not maintainable

    since the petitioner has also filed a application under

    Order 39 Rule 2A of Civil Procedure Code seeking for

    similar prayer for demolition of the structure being an

    efficacious relief available to the petitioner in the civil

    suit.

    11. In reply to the issue of maintainability, Mr. Das,

    learned advocate for the petitioner in WP-II relying on

    the decision of the Hon’ble Division Bench of this

    Court passed in Rampuria Brothers Pvt. Ltd.

    versus the Kolkata Municipal Corporation & Ors.

    reported in AIR 1988 Cal 370 submits that since

    there is violation of the provisions of the Panchayat

    Act the writ petition is very much maintainable

    despite pendency of the civil suit.

    12. Upon hearing learned Advocate for the respective

    parties, the following issues which fall for

    consideration.

    Firstly, whether the writ petition WP-II is

    maintainable or not?

    Secondly, whether the impugned notice dated 14th

    November, 2022 under Section 4C(5) of the WBLR

    Act issued by the respondent No.4, Block Land &
    6

    Land Reforms Officer, Singur is short of statutory

    authority or not?

    Thirdly, whether the work of construction

    undertaken by the respondent No.9 in WP-II is in

    accordance with the provisions of West Bengal

    Panchayat Act or not?

    13. With regard to Issue No.1 as to whether the writ

    petition WP-II is maintainable or not, it has been

    vociferously argued on behalf of the respondent No.9

    in WP-II that since the petitioner has also filed a

    application under Order 39 Rule 2A of Civil Procedure

    Code seeking for similar prayer for demolition of the

    structure, the writ petition being WP-II is not

    maintainable as efficacious relief is available in the

    civil suit.

    14. Pursuant to a direction of this Court, learned

    advocate for the petitioner in WP-II produced the copy

    of the plaint. It appears from the copy of the plaint of

    the civil suit that the plaintiff sought for declaration

    of his right as Bargadar, for permanent injunction

    retraining the defendant from obstructing the plaintiff

    from carrying his agricultural activities over the

    subject land and other allied prayer. There is no

    prayer for demolition of the structure. The cause of

    action in the civil suit is different from the present

    writ petition where plea has been raised that the

    construction work undertaken by respondent no.9 in

    WP-II is in violation of statutory provisions. Although

    an application under Order 39 Rule 2A of CPC has
    7

    been filed by the plaintiff-petitioner in the civil suit for

    violation of order of injunction but that cannot be a

    ground for dismissing the writ petition where specific

    plea of violation of statutory provisions has been

    raised. Hence such argument advanced on behalf of

    the respondent No.9 does not stand to reason. This

    court finds substance in the submission of the Mr

    Das, learned advocate for the petitioner in WP-II

    relying on Rampuria Brothers Pvt. Ltd.(supra).

    15. With regard to Issue No.2 as to whether the

    impugned notice dated 14th November, 2022 under

    Section 4C(5) of the WBLR Act issued by the

    respondent No.4, Block Land & Land Reforms Officer,

    Singur is short of statutory authority or not, it is seen

    that precisely the impugned notice dated 14th

    November, 2022 of respondent No.4 is challenged on

    the ground of authority of the issuing officer.

    16. In order to examine the aforesaid issue it would be

    profitable to reproduce Section 4C(5) of the WBLR Act

    as hereunder:

    Section 4C(5)(a) Without prejudice to the foregoing
    provisions of this section, where any plot of land
    has been changed or converted or altered in
    violation of this section, if the Collector, on his own
    motion or on receiving information, is of the opinion
    that it is necessary so to do in public interest, he
    may make an order directing a raiyat or a lessee for
    restoration of the original character of the concerned
    land within a specified time.

    (b) On receipt of the order, the raiyat or the lessee
    shall restore the original character of the plot of land
    at his own cost within such time, as may be ordered
    by the Collector.

    8

    (c) If the raiyat or lessee fails to comply with the
    order, the Collector may take action for restoring the
    original character of such plot of land and realise
    the cost for restoration from the raiyat or the lessee.

    (d) If the raiyat or lessee fails to pay the cost of
    restoration, the Collector may realise the cost as a
    public demand in accordance with the provision of
    the Bengal Public Demands Recovery Act, 1913
    (Ben. Act III of 1913)].

    17. Upon bare reading of the aforesaid provision, it

    manifest that where any plot of land has been

    changed or converted or altered in violation of the

    provision of the section, the Collector, on his own

    motion or on receiving information, is of the opinion

    that it is necessary so to do in public interest, he may

    make an order directing a raiyat or a lessee for

    restoration of the original character of the concerned

    land within a specified time. Admittedly, the

    impugned notice under section 4C(5) of WBLR Act

    has been issued by the Block Land & Land Reforms

    Officer, Singur. Section 2(4) of the WBLR Act defines

    that a ‘Collector’ means the Collector of a district or

    any other officer appointed by the State Government

    to discharge any of the function of a Collector under

    the Act. Therefore, the word ‘Collector’ in the section

    is not limited to the Collector only and it extends to

    any other officer appointed by the State Government

    to discharge such function. Nothing has been

    demonstrated by the petitioner in WP-I that the BL&

    LRO was not appointed to take such measure under

    section 4C(5) of the WBLR Act. Such being the
    9

    position, the argument advanced on behalf of the

    petitioner in WP-I does not hold good and accordingly

    the prayer in the writ petition WP-I falls short of

    merit.

    18. It has been pressed into service on behalf of the State

    in WP-I that the prayer in the writ petition seeking for

    setting aside/quashing of the impugned order dated

    14th November 2022 issued by Block Land and Land

    Reforms Officer Singur Hooghly ought to have been

    challenged by way of an appeal under Section 54 of

    the WPLR Act. Be that as it may, it is relevant to note

    that the petitioner in WP-I has challenged on the

    ground of lack of authority of the officer concerned in

    issuing such notice. Article 226 of the Constitution of

    India confers power on all High Courts to issue

    prerogative writs, directions or orders for enforcing

    fundamental rights or for other purposes. The

    existence of alternative remedy is not an absolute bar

    to the granting of a writ under Article 226 of the

    Constitution. An alternative remedy does not operate

    as a bar to the exercise of writ court’s jurisdiction of

    judicial review is cases (i) seeking enforcement of a

    fundamental right; (ii) where there is failure of natural

    justice; and (iii) where the impugned orders or

    proceedings are wholly without jurisdiction or the

    vires of an Act is challenged. [See M.P State Agro

    Industries Development Corpn Ltd versus Jahan

    Khan reported in (2007) 10 SCC 88]. Therefore, such

    argument advanced on behalf of the State is not
    10

    sustainable in facts and circumstances of the

    challenge.

    19. With regard to Issue No.3 as to whether the work of

    construction undertaken by the respondent No.9 in

    WP-II is in accordance with the provisions of West

    Bengal Panchayat Act or not, it is found that the

    petitioner in the writ petition WP-II challenges the

    legality of work of construction undertaken by the

    respondent No.9, on the ground that neither the

    nature of land has been converted nor any sanctioned

    building plan has been obtained by the respondent

    No.9 prior to making his construction.

    20. Needless to mention that respondent No.9 has failed

    to produce any document showing conversion of land

    and issuance of sanctioned building plan in her

    favour by the local Gram Panchayat. Further Rule 26

    of Rules of 2004 provides that if any structure or

    building is proposed to be erected or constructed on

    any land recorded otherwise than as homestead land,

    the Gram Panchayat shall withhold permission for

    such erection or construction until the applicant

    produces an order allowing change of classification of

    the said land by the Collector or any other competent

    authority having jurisdiction under any law for the

    time being in force.

    21. In view of the above, respondent no.6, Pradhan,

    Baichipota/Boinchipota Gram Panchayat is directed

    to consider and dispose of the representation of the
    11

    petitioner dated 12th May, 2023 (Annexure P-5 in WP-

    II) by adopting the following procedure:

    (i) Cause an inspection on the property-in-question

    upon notice to the petitioner as well as private

    respondent No.9. A report of such inspection

    along with sketch map be prepared, which shall

    be handed over to the parties.

    (ii) Thereafter the parties shall be heard upon notice

    and representation of the petitioner dated 12th

    May, 2023 shall be disposed of by a reasoned

    order which shall be communicated to the

    parties within a week of passing of such orders.

    Parties are granted liberty to produce all relevant

    records and documents before the Pradhan at

    the time of hearing.

    (iii) On the basis of materials transpiring during

    inspection and hearing, the proceedings shall be

    taken to its logical conclusion in terms of

    provisions of Section 23 of West Bengal

    Panchayat Act.

    (iv) The entire exercise shall be completed within a

    period of two months from date of

    communication of this order.

    22. The learned Advocate for the petitioner in WP-II is

    directed to communicate this order to respondent

    no.6, Pradhan, Baichipota/Boinchipota Gram

    Panchayat along with copy of the representation

    dated 12th May, 2023.

    12

    23. In view of discussion made in the foregoing

    paragraph, the writ petition being W.P.A. No.27298

    of 2022 (WP-I) stands dismissed.

    24. With the above directions, the writ petition being

    W.P.A. No.20293 of 2023 (WP-II) stands disposed of.

    25. Interim order, if any, stands vacated.

    26. All connected applications, if any, stand disposed of.

    27. There shall be no order as to costs.

    28. All concerned parties shall act in terms of the copy of

    the order duly downloaded from the official website of

    this Court.

    29. Urgent Photostat certified copy of the order, if applied

    for, be given to the parties on compliance of all

    necessary legal formalities.

    (Bivas Pattanayak, J.)



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