Extracted from the PDF above. The PDF is authoritative.
AD -15 Ct No.447 11.09.2026 (SSS) WPA 26304 of 2025 Sanchita Dutta Vs. The State of West Bengal and Ors. Mr. Dipayan Kundu ….for the petitioner. Mr. Suman Chattopadhyay, Mr. Monajit Chakraborti ….for the State. Mr. Abhirup Chakraborty, …for the respondent nos. 9 & 10. Mr. Biswajit Mukherjee, Ms. Paushali Banerjee …..for the KMC.
1. Affidavit of service filed today is kept on record.
2. The allegation of the writ petitioner in the present writ petition is that the private respondents have made constructions without leaving statutory side space and in total departure of the provisions of the relevant clauses. The representation dated August 20, 2025 being Annexure P-6 to the writ petition was submitted to the municipal authorities which is not yet been considered.
3. On perusal of the writ petition, it appears that a civil suit between the parties being Title Suit no. 789 of 2024 is pending before the learned Civil Judge (Senior Division), 10th Court at Alipore, South 24
Parganas and the subject matter of the said suit is covered in the present writ petition.
4. Learned counsel appearing for the private respondents submit that the municipal authorities have already issued a completion certificate with regard to the construction in question.
5. Be that as it may, since the subject matter of the present writ petition is already covered in a pending suit, the present writ petition is not maintainable and the same is dismissed.
6. Accordingly, WPA 26304 of 2025 is disposed of.
7. There will be no order as to costs. (Sandip Kumar De, J.) 2