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2026 DAILYLAW 22061 (CAL)

ANANYA DASGUPTA AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/12167/2026 · 2026-06-03

Smita Das De

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.06.2026. Item No. 12. Court No. 2 ap W.P.A. 12167 of 2026 Smt. Ananya Dasgupta & Anr. Versus The State of West Bengal & Ors. Mr. Arkadyuti Pahari, Ms. Gargi Maity, Mr. Alik Mandi. …For the petitioners. Mr. Dibashis Basu, ld. AGP, Ms. Tapasi Palit Sinha. ….For the State. Mr. Nilotpal Chatterjee, Ms. Tanushree Dasgupta. …For the KMC. 1. Affidavit-of-service filed in Court today be taken on record. 2. The petitioners in the instant case prays, inter alia, for the following reliefs: “(a) A Writ of and/or in the nature of Mandamus, commanding/directing the respondent authorities to take cognizance of the complaints lodged by the petitioners and take necessary actions in accordance with the provisions laid by the law of the land, and so as such ensure that the petitioners can live peacefully in their own house without any nuisance and annoyance at the behest of the private respondents; (b) A Writ of and/or in the nature of Mandamus, commanding/directing the respondent authorities to take concrete steps to 2 remove the multiple roadside cats kept forcibly by the private respondents in the ancestral house of the petitioners, especially to ascertain that the risk of disease, infection and malady is eradicated due to the overcrowding of cats at the behest of the private respondents; (c) A Writ of and/or in the nature of Mandamus, commanding/directing the respondent authorities and their men, agents and subordinates to ascertain that the roadside cats are removed safely and to make all necessary arrangements for the well-being of the petitioners and the cats to hinder the spreading of disease, illness and malady; (d) A writ of mandamus in the nature of certiorari directing the respondent authorities to certify and produce all original documents relating to the case so that conscionable justice may be done; (e) Upon hearing of the cause, if any, shown, and if no cause is shown to make the Rule absolute; (f) Rule NISI in terms of the prayers (a) to (d); (g) Ad-interim order do issue in terms of prayers above; (h) Costs; 3 (i) Any other order or orders as Your Lordship may deem fit and proper for the interest of justice;” 3. The Petitioner alleges that the private respondents are keeping multiple road side Cats, which constitutes public nuisance and poses health hazards, under the law of torts and municipal regulations. 4. It is submitted that a complaint has been lodged before the authority concerned on 18.05.2026, however, the same remains to be pending and has not been disposed of in accordance with law. 5. It is further submitted that despite complaint being lodged against the private respondent before the authority concerned, no action has been taken. Keeping multiple road side cats amounts to annoyance and threat to life. 6. The private respondent raises an objection to the maintainability of the writ petition on the ground of lack of locus standi. It is contended that the petitioner resides in Noida and not a resident of Kolkata. Therefore the petitioner has suffered no direct personal injury in Kolkata arising from the alleged local nuisance. 7. The Learned Counsel appearing for the state respondent draws the attention of this Court to the penultimate paragraph of page 55 of the Writ Petition to demonstrate that the Writ Petition is 4 frivolous in nature does not disclose and violation of fundamental or legal rights and is liable to be dismissed in liminie. 8. Upon hearing the rival contentions of the parties and perusing the materials available on record, this Court is of the view that since the representation dated 18th May, 2026 is pending for considerable period of time, for ends of justice, the respondent no.2 is directed to consider the same within a period of four weeks from date and pass a reasoned order in accordance with law upon affording an opportunity of hearing to the petitioners and the private respondents and other stakeholders, if any and communicate such decision within a week thereafter. 9. Accordingly, this writ petition being W.P.A 12167 of 2026 is disposed of without going into the merits of the case. 10. There will be no order as to costs. 11. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Smita Das De, J.) 5