Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 31626 (CAL)

SAMIRAN MUKHERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/10909/2026 · 2026-07-30

Raja Basu Chowdhury

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17 30.07.2026 tkm Ct. 3 WPA 10909 of 2026 Samiran Mukherjee Versus The State of West Bengal & Ors. Md. Sarwar Jahan Ms. Shalini Sen Ms. Sahina Parvin Mr. Aritra Ranjan Datta Roy … For the petitioner Mr. Biswajit Mukherjee Ms. Baisali Basu …For the KMC Mr. Sovan Mukherjee ….. for the State 1. Affidavit of service filed in Court today be kept with the record. 2. Complaining illegal construction at the behest of respondent no. 9 at premises no. 4B Kali Kumar Banerjee Lane, Tala, Post Office and Police Station Chitpur, Kolkata-700002 and the failure on the part of the municipal authorities to redress the petitioner’s compliant, the instant writ petition has been filed. 3. Having heard the learned advocates appearing for the respective parties and though the private respondent and the State remain unrepresented, I am of the view, having regard to the case made out, it shall only be appropriate at this stage to direct the municipality to decide on the petitioner’s complaint by carrying out an inspection and by 2 passing a reasoned order upon affording an opportunity of hearing to the parties. 4. Let the above decision be taken within a period of eight week from the date of communication of this order. 5. If on the basis of the decision taken by the municipality it transpires that an illegal construction has taken place at the locale, appropriate steps under the provisions of Kolkata Municipal Corporation Act, 1980 shall be initiated and the same shall be brought to a logical conclusion on urgent basis. If on the contrary, no illegal construction is noted and only repair works are noted, the municipality shall not proceed further. 6. Since no affidavit has been called for, the allegations made in the petition are deemed not to have been admitted by the respondents. 7. With the above observation, the present writ petition stands disposed of. (Raja Basu Chowdhury, J.)