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Calcutta High Court · body

2026 DAILYLAW 13435 (CAL)

ANIRUDDHA PAUL v. STATE OF WEST BENGAL AND ORS.

WPA/9184/2026 · 2026-05-05

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 05.05.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9184 of 2026 Aniruddha Paul Versus State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) … For the petitioner. Mr. R. N. Chakraborty Mr. R. Singh … For Maheshtala Municipality Mr. Debnarayan Patra Ms. Arpita Mondal … For the private respondent. 1. Affidavit of service filed in Court is taken on record. 2. Alleging illegal construction at the behest of the respondent no.7 over R.S. Dag No. 356, L.R. Dag No. 356/794 and 356/795, Mouza –Purbangla, J.L. No.49, Block (T.M.), Ward No. 31 under Maheshtala Municipality, municipal holding no.F3-42/21, South 24 Parganas and the failure on the part of the municipality to take appropriate steps on the basis of the complaint made by the petitioner, the instant writ petition has been filed. 3. The learned advocate for the petitioner prays for leave to file a supplementary affidavit to bring on record a response issued by the municipal authorities, subsequent to filing of the writ petition, in connection with the 2 WPA 9184 of 2026 information sought for under the Right to Information Act, 2005. 4. Let such supplementary affidavit be taken on record. 5. Learned advocate representing the petitioner by relying on the supplementary affidavit would submit that the municipality has already given a response that no sanction plan has been issued in respect of the aforesaid holding no. According to her, notwithstanding the above, a pucca building has been constructed by the respondent no.7. 6. Having heard the learned advocates appearing for the respective parties, I am of the view that in the light of the disclosure made by the petitioner, it shall only be appropriate to direct the municipal authorities to carry out an inspection of the locale and take a decision. If on the basis of the decision to be taken by the municipality which shall be in the form of a reasoned order, it is found that the construction has been carried out illegally without any sanctioned building plan, appropriate steps shall be taken under the provisions of Section 218 of the West Bengal Municipal Act, 1993. 7. It is expected that the above proceedings shall be brought to a logical conclusion within a period of eight weeks from the date of initiation of such proceedings. 8. The entire process in this regard must be completed within a period of twelve weeks from the date of communication of this order. 3 WPA 9184 of 2026 9. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 10. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)