RAMESH KUMAR JAISWAL v. HOWRAH MUNICIPAL CORPORATIONS AND ORS
WPA/15744/2026 · 2026-08-12
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32959 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32959 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
07 12.08.2026 sayandeep
Ct.3. WPA 15744 of 2026
Ramesh Kumar Jaiswal Versus The HMC & Ors. Mr. Debapriya Majumder
Mr. Aman Deep Gupta
… For the petitioner. Ms. Sonal Sinha
Mr. Ankit Sureka
… For the HMC. Mr. Aniruddha Chatterjee
Mr. Supratim Laha
Mr. Arijeet Das Mullick
Mr. Manishka Seal
Ms. Esha Mazumdar
… For the respondent No. 6
1. Alleging illegal construction at premises No. P- 10+11+24/1, Dobson Lane, Ward No. 14, P.S. Golabari, District-Howrah and the failure on the part of the municipal authorities to take steps, the instant writ petition has been filed. 2. The learned advocate for the petitioner by placing before this Court a communication dated 17th July, 2026 would submit that the petitioner does not wish to proceed with the instant writ petition and the writ petition has been filed under misconception of law and facts. 3. The learned advocate for the municipality would submit that municipality has not favoured the advocate with any instructions. The situation appears to be alarming. 2 WPA 15744 of 2026
In a matter relating to illegal construction, the municipality has chosen not to take any steps. 4. Though, at this stage, Mr. Chatterjee, learned advocate representing the private respondent No. 6 would insist that there is a sanctioned plan, I am of the view that municipality ought not have sat tight in the matter and ought to have made an enquiry to ascertain the correctness of the allegations made in the complaint dated 20th May, 2026. 5. In the peculiar facts and noting that illegal construction is a civil evil while rejecting the prayer for withdrawal, I direct the municipal authorities to cause an enquiry in the matter and take a decision on the allegations made, by verifying the case of the private respondents. The decision in this regard may be taken by the authorities for the time being without notice to the petitioner since the petitioner expressed his intent not to proceed though, the final outcome thereof must be circulated to the parties. 6. The decision in this regard must be taken by passing a reasoned order as expeditiously as possible preferably, within a period of four weeks from the date of communication of this order upon giving opportunity of hearing to the private respondent and other interested parties. 7.
It is made clear that since this Court has not entered into the merits and had not called for any affidavit-in- opposition from the respondents, the statements made
3 WPA 15744 of 2026
in the petition shall be deemed not to have been admitted by the respondents and the authority shall decide the cause being uninfluenced by any of the observations made herein. 8. The writ petition accordingly stands disposed of. (Raja Basu Chowdhury, J.)