28.08.2026 09 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20488 of 2026 Gautam Bhabani –Versus – The State of West Bengal & Ors. Mr. Subhojit Seal Ms. Sneha Dutta ….for the petitioner Mr. Abhijit Ray Mr. Prashant Agarwal ….for the State respondents Mr. S.M. Obaidullah Mr. Roni Chowdhury Mr. Tamal Mukhopadhyay …for the respondent no. 7 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, prayer is made for directing concerned police authorities to take steps which would permit petitioner to make construction. It is submitted that plan has been sanctioned by concerned Municipal Corporation but petitioner is being prevented by respondent no. 7 from making construction. 3) Learned advocate representing respondent no. 7 has opposed this writ petition and it is submitted that petitioner and respondent no. 7 are residing at a joint property which is separated by common wall. 2 According to respondent no. 7, if petitioner demolishes or constructs anything in his portion of property same shall also affect portion of property of respondent no. 7. 4) State respondents are represented by learned advocate. 5) In view of respective submissions made on behalf of parties, it appears that petitioner is alleged to have been prevented by respondent no. 7 from making construction in spite of obtaining sanctioned plan from concerned Municipal Corporation. If petitioner finds that his right to make construction based on plan sanctioned is infringed, in that event petitioner needs to approach appropriate forum. Police authority is not the appropriate authority to decide whether petitioner has right to make construction or not. 6) Hence, writ petition is not interfered with and same stands dismissed. 7) However, this order shall not preclude petitioner to approach appropriate forum/ authority in pursuit of remedy, if so advised. 8) Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)