OD-34 ORDER SHEET WPO/268/2025 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NASIBUN BIBI @ NAWAB KHANAM WAQF ESTATE Versus STATE OF WEST BENGAL AND ORS. BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 26th June, 2025. Appearance Mr. Somnath Gangopadhyay, Adv. …for the petitioner Mr. Alak Kr. Ghosh, Adv. Mr. Swapan Kr. Debnath, Adv. …for KMC Mr. D. Mukherjee, Adv. Ms. Priyanka Jana, Adv. …for State Mr. Masud Karim, Adv. …for respondent nos. 12 to 14 The Court: The petitioner, being a waqf estate represented through its Vice-President, has preferred the present writ petition, being aggrieved by the inaction of the respondent municipality in not considering its representation dated 9th March, 2025, wherein they lodged a complaint against the private respondents alleging unauthorised construction on the waqf premises. It is the case of the petitioner that premises No.1A, Akhoy Bose Lane, Kolkata is a waqf estate, comprising of a mosque situated at the said waqf estate. The said mosque has been classified as a Grade-I heritage property 2 as per “Graded List of Heritage Buildings” published on 25.02.2009 by the respondent no. 2 (municipal authority). The grievance of the petitioner is that private respondents are raising unauthorised constructions in the form of rooms, shop-rooms, kitchen and toilet within the said property, thereby causing damage to the structural and religious sanctity of the mosque and altering the very character of the said mosque. Despite several complaints lodged before the respondent authorities, no concrete steps have been taken till date. Learned counsel for the respondent submits that they are ready and willing to decide the petitioner’s representation dated 9th March, 2025. Learned counsel for the petitioner states that the petitioner shall be satisfied if the same is decided within a time-bound manner. In view of the statement made by the counsel for the parties, this Court directs the respondent no.7 to decide the petitioner’s representation dated 9th March, 2025, strictly in accordance with law within a period of eight weeks from the date of communication of this order, after affording an opportunity of personal hearing to the petitioner as well as the private respondents, by way of a speaking order. With the above direction, the instant writ petition is disposed of. (GAURANG KANTH, J.) R.Bhar/sg