23 07.07.2026 sayandeep Ct.3. WPA 12416 of 2026 Bichitra Debnath Versus The KMC & Ors. Mr. Md. Babul Hussain Ms. Shreya Poddar … For the petitioner Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya ….. for the KMC Mr. Sovan Mukherjee Ms. Sneha Chatterjee …. For the State Dr. Achin Jana Mr. Prosenjit GHosh Ms. C. Rustagi Mrs. D. Mukherjee ….. for the pvt. Respondent Nos. 10-11 1. At the very outset, the learned advocate for the private respondent has, submitted that the respondent No. 12 who is the mother of the respondent No. 11 has since died. A copy of the death certificate as placed before this Court be taken on record. Having regard to the above and noting the factum of death of the respondent No. 12 and also noting that the legal heir of the respondent No. 12 being the respondent No. 11 is on record, let the factum of death of the respondent No. 12 be recorded. Department is directed to carry out the aforesaid amendment. 2. Alleging illegal construction at premise No. 1/1 Basudevpur, Sarsuna Main Road, P.O. & P.S. Sarsuna, Kolkata-700061 and the failure on the 2 WPA 12416 of 2026 part of the municipal authorities to act on the basis of the complaint lodged by the petitioner, the instant writ petition has been filed. 3. The municipality is represented. 4. Mr. Mukherjee, learned advocate for Municipality has placed before this Court a report duly counter signed by the executive engineer (building), Borough XIV, KMC and would submit that there is a subsisting sanction in respect of the premises No. R-16, Sarsuna Main Road, ward No. 127. Such sanctioned building permit is dated 28th September, 2025. According to him, the property has already been inspected by the department when it was found that an illegal construction of G+4 storied structure has come up. Such construction is in deviation of the sanctioned building permit. Accordingly, the municipality has issued a stop works notice under Section 401 on the person responsible on 6th April, 2026, and police intimation in this regard has already been forwarded to the jurisdictional police station. The report further records that demolition proceeding has already been initiated under Section 400 of the KMC Act 1980 and the matter is pending before higher authority. 5. The private respondent is represented. According to him, the construction has been carried out in accordance with the sanctioned building plan. 3 WPA 12416 of 2026 6. Having heard the learned advocate appearing for the respective parties and noting that the municipality has already taken steps and a notice under Section 401 of the said Act has been issued, I am of the view that the municipality must conclude the proceeding by taking appropriate steps under the provisions of Section 400 of the said Act. 7. It is expected that the proceeding in this regard may be concluded on an expeditious basis preferably within a period of 12 weeks from the date of communication of this order. 8. With the above observations and directions, the writ petition is disposed of. 9. It is made clear that this Court has not entered into the merits of the cause and it shall be open to the municipality to decide the same being uninfluenced by any of the observations made herein. 10. Since no affidavit has been called for, the allegations made the writ petition are deemed not to have been admitted by the respondents. (Raja Basu Chowdhury, J.)