23.04.2025 Court No. 2 Item No. 73 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 897 of 2025 Shelter Sales Pvt. Ltd. & Anr. Versus Siliguri Municipal Corporation & Ors. Mr. Amales Roy. Sr. Adv. Mr. Nigam Mittal. Ms. P. Mitra. … for the petitioners. Mr. Deborshi Dhar. … for the SMC. 1. Affidavit-of-service filed today in Court be kept with the records. 2. The petitioners are aggrieved by the notice issued by the Commissioner, Siliguri Municipal Corporation dated 3rd April, 2025 directing them to appear before the authority with a copy of the approved building plan and other documents to decide the issue of mismatch of the plot numbers of the land mentioned in the sanctioned building plan and the record of rights. 3. It appears from the submission made on behalf of the petitioners and the Municipality that complaints were lodged by the private respondents against the petitioners alleging construction being made over their private plot of land. 2 4. The Municipality issued notice to the private respondents mentioning the subject as ‘unauthorized construction’ and directed the parties to appear for ascertaining the plot number over which the sanction was made. 5. Learned Senior Counsel representing the petitioners submits that the Municipality ought not to enter into the civil dispute between the parties. There is no allegation of unauthorized construction. The Corporation ought not to have issued such notice directing the petitioners to appear for hearing. 6. Learned advocate representing the Corporation submits, upon instruction that, on the dates of the hearing i.e. on 18th February, 2025 and 17th April, 2025, the complainants were not present. 7. It has been fairly submitted that the Corporation does not have any jurisdiction to decide the civil dispute between the parties. 8. None represents the private respondents. 9. It is settled law that civil dispute in between the private parties is to be decided by a competent civil Court. The Corporation does not have any authority to adjudicate any dispute with regard to right, title and interest of any private plot of land. 10. In the instant writ petition, the Commissioner has issued the impugned notice only to ascertain the plot number over which the sanction has been made. There is no observation of the Commissioner that any unauthorized construction has been made over the subject plot of land. The Corporation would be liable to ensure that 3 construction is being made in accordance with the plan sanctioned. 11. From the documents annexed to the writ petition it appears that there are several civil suits inter se the private parties pending consideration. That being so, the impugned notice of the Commissioner directing the parties to appear for hearing for ascertainment of the plot number over which construction has been made, cannot stand in the eye of law. The same is liable to be set aside and is hereby set aside. 12. It will be open for the parties to approach the competent civil forum for remedy, if so advised. 13. The writ petition stands disposed of. 14. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Amrita Sinha, J.)