M/L Item No.- 27 05.08.2026 Court No. 3 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 9916 of 2025 Chandrima Sen Majumder Choudhury Versus The State of West Bengal & Ors. Mr. Biswajit Tiwari Mr. Anish Tiwari … for the Petitioner Ms. Sonal Sinha Mr. Avishek Prasad … for the English Bazar Municipality 1. Affidavit of service filed in Court is taken on record. 2. Complaining illegal construction at the behest of the respondent No. 6 at the property situated at J.L. No. 65, Khatian no. 610, L.R. Plot No. 1993, Hal L.R. Khatian No. 6301, R.S. Dag No. 709, L.S. Dag No. 3943 within English Bazar Police Station and the failure on the part of the Municipal Authority to take appropriate steps on the basis of the petitioner’s complaint, the instant writ petition has been filed. 3. The learned advocate for the petitioner would submit that there is a subsisting partition suit pending between the parties. In the interregnum, the private respondent has been carrying out the illegal construction. 2 4. The Municipality is represented and would submit that a stop work notice had been previously issued, though he is unable to place any document in support of such contention on record. 5. Having heard the learned advocates appearing for the respective parties and though the private respondent remains unrepresented, I am of the view that no fruitful purpose will be served by retaining the writ petition on the file. 6. The writ petition accordingly, stands disposed of by directing the Municipality to carry out an inspection at the locale and take a decision on the petitioner’s representation. It is made clear that the Municipality shall not enter into private dispute including dispute relating to boundary. Only in the event any illegal construction is noted, steps shall be taken in accordance with the provisions of the West Bengal Municipal Act, 1993. 7. It is expected that a decision in this regard shall be taken by the Municipality by passing a reasoned order on an expeditious basis, preferably within a period of six weeks from the date of communication of this order. 8. There shall, however, be no order as to costs. 3 9. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Raja Basu Chowdhury, J.)