16.07.2026 Ct. 3 Item No. AD 13 Saswata WPA 14516 of 2026 Sourav Ghosh Versus The State of West Bengal & Ors. Mr. Kazi Sajjad Alam Mr. Mainul Thander …For the petitioner Mr. Krishan Ray Mr. Souvik Das …For the Municipality Mr. Rivu Dutta Mr. Aniruddha Sarkar …For the State Mr. Ziaul Haque …For the respondent no. 5 1. Affidavit of service filed in Court today is retained with the record. 2. Complaining illegal construction at the behest of the respondent no. 5 in LR Dag no. 157, Mouza-Basantapur, J.L. NO. – 29 under Arambagh Police Station (hereinafter the said property) and the failure on the part of the municipal authorities to redress the petitioner’s representation, the instant writ petition has been filed. 3. The respondent no. 5 is represented. 4. According to the petitioner, the petitioner had acquired 10 decimals of land in the aforesaid dag number, while the respondent no. 5 had only acquired 4.16 decimals. According to him, respondent no. 5 has encroached on the portion of the property belonging to the petitioner. 5. The respondent no. 5 submits that the construction has been carried out in accordance with the sanctioned building plan. 2 6. Though, the municipality is not represented, however, going by the materials available on record, it transpires that the petitioner is aggrieved by the encroachment of the property of the petitioner by the respondent no. 5. 7. Having regard thereto, I am of the view that such an issue cannot be decided by the municipal authorities as the same falls within the exclusive domain of the Civil Court. 8. Accordingly, the writ petition fails and the same is accordingly dismissed. 9. However, dismissal of the writ petition shall not stand in the way of the petitioner establishing his rights over a portion of the property which he claims to have been encroached, before appropriate forum, if so advised. 10. 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.)