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2026 DAILYLAW 40234 (CAL)

BHABANI PRASAD MUKHERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/26841/2025 · 2026-09-11

Sandip Kumar De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

AD -26 Ct No.447 11.09.2026 (SSS) WPA 26841 of 2025 Bhabani Prasad Mukherjee Vs. The State of West Bengal and Ors. Mr. Ujjal Ray, Mr. Abdur Rahim ….for the petitioner. Mr. Palash Mukherjee, Ms. Sucheta Mitra, Mr. Srinjoy Das, Ms. Oindrilla Roy …for the respondent nos. 7 & 8. Mr. Sougata Mitra, Ms. Soma Chakraborty ….for the Purulia Municipality. 1. Affidavit of service filed today is kept on record. 2. The writ petitioner alleges that the private respondents have made unauthorized construction over Holding nos. 1020 and 1021, both under Purulia Municipality in Ward no. 5 thereof and the composite representation before the municipal authorities was submitted on April 9, 2025 being Annexure P-1 to the writ petition. It is further alleged that the municipal authorities have not yet taken any steps with regard to such representation. 3. Learned counsel appearing for the private respondents submitted that the private respondents obtained sanction building plan with regard to the construction made by them and subsequently another request and/or application has been made for further construction which is pending with the municipality. 4. Learned counsel for the municipal authorities is present. 5. In the circumstances, I direct the authorities of Purulia Municipality to consider and dispose of the representation dated April 9, 2025 being Annexure P- 1 to the writ petition upon hearing the writ petitioner and the private respondents and permitting the parties to submit documents with regard to their respective submissions during hearing. The municipal authorities shall consider all aspects with regard to the construction in question according to law. The entire exercise of hearing and passing a reasoned order therefrom shall be done within a period of six weeks from the date of communication of this order. In case the municipal authorities find substance in the allegations made by the writ petitioner, the municipal authorities shall proceed against the construction in question according to law. 6. It is made clear that this Court has not gone into the merits of the writ petition and the municipal authorities will be free to consider all aspects with regard to the construction at the said premises in question according to law. 2 7. Accordingly, WPA 26841 of 2025 is disposed of. 8. There will be no order as to costs. (Sandip Kumar De, J.) 3