07.07.2026 Ct. 3 Item No. AD 4 Saswata WPA 22895 of 2024 CAN 1 of 2026 (CAN not in file) Sk. Tohidur Rahaman Versus The Chairman, Arambagh Municipality & Ors. Mr. Rabiuddin Ahmed …For the petitioner Mr. S.Mitra …For the Arambagh Municipality Mr. Niladri Sekhar Ghosh Ms. Labani Sikder …For the respondent no. 5 Mr. D.N.Roy, Ld. GP Mr. Sukanta Ghosh Mr. Arghya Chatterjee …For the State 1. Affidavit of serviced filed in Court today is retained with the record. 2. Complaining inaction on the part of the municipal authorities to take steps as regards the illegal construction being carried out by the respondent no. 5 at plot being no. 283, khatian no. 1654, JL no. 34, Mouza-Arambagh, the instant writ petition has been filed. 3. The municipality and the respondent no. 5 are represented in Court through their learned advocates. The learned advocate for the respondent no. 5 prays for an accommodation. The learned advocate for the municipality on the other hand submits that though he has instructions that the premises in question 2 which is the subject matter of the instant writ petition, has only been sanctioned for G+III storied building, however, no other instruction in that regard has been made available to him. 4. Having heard the learned advocates appearing for the respective parties, I find that an allegation of illegal construction has been made by the petitioner. The writ petition has been filed on 7th September 2024, despite the aforesaid, the municipality did not find it convenient to carry out an inspection or to redress the complaint made by the petitioner. 5. In the peculiar facts, I am of the view that in the fitness of things, it would be proper to direct the municipality to carry out inspection of the property in question and if, on the basis of inspection to be carried out it is found that any illegal construction has taken place, the municipality shall immediately proceed in accordance with law under the provisions of Section 218 of the West Bengal Municipal Act, 1993 and shall bring the same to a logical conclusion on expeditious basis. It is expected that the entire proceedings shall be completed as expeditiously as possible preferably, within 12 weeks from the date of communication of this order. 6. It is made clear that the inspection as directed must be carried out within 5 working days. If on the basis of the inspection to be carried out, the 3 municipality finds any illegal construction at the locale, stop work notice shall be issued to arrest the same. 7. With the above observations and directions, the writ petition is disposed of. 8. Since, no affidavit is called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 9. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)