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2026 DAILYLAW 34285 (CAL)

CHETAN SINGH AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/18514/2026 · 2026-08-13

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10 13.08.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18514 of 2026 Chetan Singh & Anr. Versus The State of West Bengal & Ors. Mr. Arnab Roy Mr. Satyam Mukherjee … For the petitioners. Mr. Kallol Guha Thakurta Mr. Piyush Kanti Ghosal … For the State. Mr. Soumyajit Bhattacharya … For the municipality. 1. Affidavit of service filed in Court is taken on record. 2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent authorities to take note of the illegal construction carried out by the respondent no. 6 at Dag No. 1104, Ward No.13 under Panihati Municipality. 3. From a perusal of the complaint, appearing at page 17 of the writ petition, it would transpire that an illegal construction has been carried out in violation of the order of injunction passed by a competent Civil Court. It also transpires that a civil suit is pending between the parties, being Title Suit No. 455 of 2008 which is now pending before the Civil Judge (Senior Division), 1st Court at Barasat. 2 WPA 18514 of 2026 4. Having heard the learned advocates appearing for the respective parties, I find that the remedy of the petitioners against the breach of the order of injunction does not lay by filing a writ petition, inasmuch as, appropriate remedy under the Code of Civil Procedure has been provided. Insofar as breach of building rules are concerned, the municipal authorities are directed to look into the matter. The decision by the municipal authorities shall only be confined to the breach of building rules and not transgress upon the breach of the order of injunction and shall not decide any private dispute between the parties. 5. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 6. 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.)