W.P.A. 1593 of 2025, A. Roy,J. Form J(2) Sl. No. 34 AB High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy W.P.A. 1593 of 2025 Smt. Soma Roy Basunia Vs. The State of West Bengal & Ors. For the petitioner : Mr. Narendra Nath Das Mr. Pragyadip Roy Basunia Mr. Jagesh Chandra Roy Mr. Debojyoti Roy For the State : Ms. Supriya Singh Ms. Rajni Singh Dev For the Municipality : Mr. Preetom Das Mr. Abhishek Sen For respondent no. 6 : Mr. Bhaskar Roy Mahasaya Mr. Taniya Bhowmik Heard on : August 18, 2026 Judgment on : : August 18, 2026 [ IN COURT ] Aniruddha Roy,J. 1. Affidavit of service filed in Court today is taken on record. 2. Petitioner alleges unauthorized construction on his land at the behest of the private respondent. W.P.A. 1593 of 2025, A. Roy,J. 2 3. The petitioner has submitted a representation dated March 26, 2025, annexure P-5 at page 63 to the writ petition but the same has not been considered. 4. Mr. Bhaskar Roy Mahasaya, learned advocate appearing for the private respondent has denied and disputed the submissions of the petitioner. He submits that, there is a sanction plan and he has a valid Title Deed showing that he is the owner of the property. 5. In view of the above, following directions are made: (a) The respondent no. 4 upon giving a three days prior notice to the petitioner and the private respondent shall cause an inspection of the alleged unauthorized construction at the subject premises positively within a week from the date of communication of this order and shall prepare a report; (b) The report shall be made over to the petitioner and the private respondent positively within two working days from the date of the said inspection; (c) The respondent no. 3 then upon issuing a prior hearing notice of at least seven days to the petitioner and the private respondent and after granting them an opportunity of hearing shall dispose of the said representation dated March 26, 2025 by passing a W.P.A. 1593 of 2025, A. Roy,J. 3 reasoned order in accordance with law in the light of the existing building plan and other relevant records; (d) This exercise shall be carried out and completed by the respondent no. 3 positively within four weeks from the date of the physical inspection shall be held and the reasoned order shall be communicated to the petitioner and the private respondent within a week from the date of the said reasoned order to be passed; (e) In the event, the reasoned order confirms unauthorized construction, then the respondent no. 3 shall take all necessary and consequential steps to give an immediate effect thereto but positively within three weeks from the date of the said reasoned order to be passed. 6. In the event, any Police assistance is required, the local Police authority shall provide all necessary assistance to the respondent no. 3. 7. It is made clear that, this order shall not create any right or equity in favour of the petitioner or the private respondent if they do not succeed to their respective claims and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no. 3. W.P.A. 1593 of 2025, A. Roy,J. 4 8. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents. 9. With the above observations and directions this writ petition being WPA 1593 of 2025 stands disposed of, without any order as to costs. 10. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)