M/L Item No.- 26 05.08.2026 Court No. 3 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 1416 of 2025 Samrat Kumar Basak Versus The State of West Bengal & Ors. Ms. Gopa Biswas Ms. Ankita Ghosh Ms. Shalini Bhattacharjee Mr. Rajosik Dutta … for the Petitioner Mr. Raghunath Chakraborty Mr. Saikat Thakurata Mr. Rahul Singh … for the Municipality Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya … for the Respondent No. 9 1. Complaining of illegal construction by the respondent No. 9, the instant writ petition has been filed. 2. On 20th January, 2026, when this matter was taken up for consideration, since the Municipality was not represented, the matter was adjourned. Today, at the time of call, though the Municipality is represented, learned advocate for the Municipality does not have any instructions in the matter. 2 3. This Court does not appreciate the conduct of the Municipality in not affording instructions to the learned advocate. 4. Be that as it may, considering the fact that a complaint has already been made by the petitioner, least that was expected by the Municipality was to have the complaint redressed. 5. Having heard the learned advocates appearing for the respective parties, I am of the view that the Municipality must hear out and decide the complaint in accordance with law. It is made clear that the Municipality will not enter into civil dispute between the parties. If the Municipality, on the basis of consideration of the petitioner’s representation arrive at a finding that illegal construction has been carried out to the plot adjacent to E-5-107/G/New Gangarampur Road, Phase-3 under Maheshtala Police Station, Mouza-Raipur, Touzi No. 63 Pargana- Baliya R.S. No. 73, J.L. No. 15, R.S. Khatian No. – 656, L.R. Khatian No. – 2498, R.S. and L.R. Dag No.-639/795, Maheshtala Municipality, appropriate steps in accordance with Section 218 of the West Bengal Municipal Act, 1993, shall be taken, in accordance with law to deal with the same. 6. It is expected that the decision in this regard shall be taken by the Municipal Authority by passing a 3 reasoned order on an expeditious basis, preferably within a period of eight weeks from the date of communication of this order. 7. With the above observation and direction, the writ petition stands disposed of. 8. There shall, however, be no order as to costs. 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.)