SAROJ KUMAR DUTTA v. STATE OF WEST BENGAL AND ORS.
WPA/11719/2026 · 2026-06-29
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27293 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27293 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
29.06.2026
sayandeep Sl. No. 26 Ct. No. 03
WPA 11719 of 2026
Sri Saroj Kumar Dutta Vs. Kolkata Municipal Corporation & ors.
Mr. Sanjib Seth
….. for the petitioner Mr. Sovan Mukherjee Ms. Sneha Chatterjee
….for the State Mr. Udayan Roy Mr. Debabrata Roy Mr. Sukanta Mondal
….. for the Pvt. Respondent
1. The affidavit-of-service filed in Court today is taken on record. Despite service the municipality remains unrepresented. The matter is taken up for consideration on the expressed undertaking given by the learned advocate for the petitioner that though service is completed on the respondents, the affidavit is yet to be affirmed and he shall cause the same to be affirmed and that the same shall be filed in course of the day.
2. Complaining failure on the part of the municipal authorities to communicate the outcome of the proceedings initiated by the municipality regarding illegal construction at premises No. 78/9/1 Thakur Ramkrishna Lane, Santragachi, P.S. Chatterjeehat, District Howrah, 711104, the instant writ petition has been filed. The petitioner complains that the private respondent has been illegally constructing at the above premises without any sanction building plan. Though the petitioner had lodged a complaint and though on the basis thereof, the Howrah Municipal Corporation had issued a notice dated 10th
WPA 15285 of 2025
2
March, 2026 and had heard the petitioner, the outcome of such proceedings has not been intimated to the petitioner.
3. The private respondent is represented and would submit that he had also participated in the proceedings before the municipality. He is also not aware of the outcome.
4. Having heard the learned advocates appearing for the respective parties and though the municipality is not represented, however, since the municipality appears to have taken cognizance and had called the parties for a hearing, I am of the view that the matter can be disposed of by directing the municipality to bring the proceeding to a logical conclusion by passing a reasoned
order. Accordingly, unless, the proceeding has already been
disposed of, the municipality shall conclude the proceeding upon hearing the parties and by passing a reasoned order in accordance with law. If however, the proceeding has been concluded, the same shall be communicated to the parties at the earliest. Under all circumstances, the proceeding shall be completed and the order shall be communicated within a period of 6 weeks from the date of communication of this order. Since no affidavit-in- opposition has been called for, the allegations made in the petition are deemed not to have been admitted.
5. The writ petition is disposed of.
(Raja Basu Chowdhury, J.)