AVIJIT MAZUMDER AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/12868/2025 · 2026-09-21
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 42346 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42346 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.09.2026 Ct. 3 Item No.
A 453 Saswata
WPA 12868 of 2025
Avijit Mazumder & Anr. Versus State of West Bengal & Ors. Mr. Biswarup Chatterjee …For the petitioners Mr. Sandipan Das …For the HMC Mr. Dinesh Chandra Singh Ms. Shreyasi Bhaduri …For the State
1. Complaining illegal construction at the behest of the private respondent no. 10 at North Baksara, Desh Bandhu Sarani (Government Colony), P.O. – Baksara, P.S. Santragachi, Howrah ward no. 45 under Howrah Municipal Corporation and the failure on the part of the municipal authorities to consider the petitioners’ representation, the instant writ petition has been filed. 2. Learned advocate appearing for the petitioners would submit that there is a subsequent development and in the instant case, the municipal authorities have taken cognizance of the complaint lodged by the petitioners and have initiated a proceeding and a hearing has taken place, though the outcome thereof has not been communicated to the petitioners. 3. Since, the municipality is not represented, Mr. Sandipan Das, learned advocate who usually appears for the Howrah Municipal Corporation is present in Court, he is directed to appear in this matter. Let his appointment be regularized. 2
4. Noting from the submissions made by the petitioners, I am of the view that if the municipal authorities have already proceeded in the matter, no useful purpose will be served in keeping the writ petition pending. 5. The writ petition is disposed of by directing the municipality to conclude the proceedings by passing a reasoned order in accordance with law, if necessary, by affording a further opportunity of hearing to the interested parties. 6. It is expected that the above decision shall be taken on expeditious basis preferably within a period of three weeks from the date of communication of this order. If the municipal authorities, on the basis of the aforesaid decision, are of the view that there has been any illegal construction, appropriate proceeding under Section 177 (1) of the Howrah Municipal Corporation Act, 1980 shall be initiated and the same shall be brought to a logical conclusion on expeditious basis. 7. On the contrary, if the municipal authorities find that there is no illegal construction, the matter need not be proceeded further and be dropped. 8. With the above direction and observation, the writ petition is disposed of. 9.
All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)