KASHINATH MOTILAL v. STATE OF WEST BENGAL AND ORS.
WPA/23695/2026 · 2026-09-22
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 42534 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42534 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
37 22.09.2026 sb
Ct.3.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 23695 of 2026
Kashinath Motilal Versus The State of West Bengal & Ors.
Mr. Gazi Faruque Hossain
… For the petitioner .
Mr. Pulakesh Bajpayee
Mr. Subit Mjumdar
… For the State.
Mr. Tarak Nath Halder
….For the respondent nos. 8 and 9.
1. Affidavit of service filed in Court is taken on record.
2. Complaining illegal and unauthorized construction at the behest of the respondent nos. 8 and 9, the instant writ petition has been filed.
3. At the time of call, the municipality is not represented, however, the State and private respondents are represented.
4. Mr. Halder, learned advocate representing the respondent nos. 8 and 9 would submit that his clients have not carried out any unauthorized construction.
5. Having heard the learned advocates appearing for the respective parties and noting that a complaint has been lodged by the petitioner on 22nd July, 2026, I am of the view that the municipal authorities must take a decision on the petitioner’s complaint upon giving an
2 WPA 23695 of 2026
opportunity of hearing to the contesting parties and by passing a reasoned order in accordance with law.
6. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
7. With the above observations and directions the writ petition is disposed of.
8. The petitioner is directed to communicate this order to the municipality.
Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.
(Raja Basu Chowdhury, J.)