M/L 23 20.07.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 28692 of 2025 Ajoy Kumar Sarkar & Anr. Versus The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee …. For the petitioners. 1. Affidavit of service filed on behalf of the petitioners in terms of the order dated 5th May, 2026 is taken on record. 2. Alleging illegal construction at the behest of the respondent nos. 7 and 8 over the L.R. Dag No. 442, Khatian No. 484/485, Mouza- Kalipur, J.L. No. 36 and the failure on the part of the municipal authorities to act on the basis of the petitioners’ complaint, the instant writ petition has been filed. 3. When the matter was taken up on 5th May, 2026, since the respondent did not appear, the petitioners were directed to serve a fresh notice on the respondents. Pursuant to such direction, a fresh notice has been served on the Chairman of Pujali Municipality. 4. Despite service of such notice, the municipality is not represented. 5. In the light of the above, I am of the view since a complaint has already been made by the petitioners, it would be prudent at this stage without waiting for the 2 WPA 28692 of 2025 municipality’s presence to direct the municipality to dispose of the petitioners’ representation in accordance with law. Such decision shall be taken by the municipality by passing a reasoned order upon giving an opportunity of hearing to the interested parties. 6. If on the basis of such decision, the municipality is of the view that any illegal construction has taken place, appropriate proceedings under the provisions of Section 218 of the West Bengal Municipal Act, 1993 shall be initiated. On the contrary, if no such illegal construction is detected, the matter shall not be proceeded further. The entire process in this regard upto the stage of initiation or dropping of the proceedings, as the case may be, shall be made within a period of six weeks from the date of communication of this order. If proceedings are initiated, the same shall be brought to a logical conclusion within a further period of six weeks thereafter. Under no circumstances, the proceedings shall be delayed beyond twelve weeks from date. 7. It is made clear that this Court has not gone into the merits of the cause and it shall be open to the municipality to decide on the petitioners’ representation in accordance with law being uninfluenced by any of the observations made hereinabove. 8. Since no affidavit has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 3 WPA 28692 of 2025 9. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)