22.09.2026 Ct. 3 Item No. AD 2 Saswata WPA 24152 of 2024 Uday Sett & Anr. Versus Chandannagore Municipal Corporation & Ors. Mr. Raghunath Chakraborty Mr. S. Panda Mr. Satyaraj Banerjee Mr. R. Singh Ms. D. Singh …For the petitioners Mr. Nilanjan Bhattacharya …For the CMC Mr. Ayan Banerjee Ms. D. Dhamali Ms. Riya Ghosh …For the private respondents 1. The instant writ petition has been filed, inter alia, praying for withdrawal of the stop work notice issued by the respondent no. 3 vide memo dated 24th August 2024. 2. Mr. Chakrbaorty, learned advocate appearing for the petitioners would submit that once the municipality had issued a stop work notice, the municipality was incompetent to withdraw the same. According to him, diverse illegal construction has taken place. 3. Both the municipality as also the private respondents are represented. 4. Mr. Banerjee, learned advocate appearing for the private respondents has placed before this Court an occupancy certificate issued by the municipality on 29th November 2025. According to him, the entire construction has been carried out in accordance with the sanctioned building permit dated 31st December 2024. Let a copy of the aforesaid occupancy certificate as placed before this Court is retained with the record. 2 5. He has also drawn attention of this Court to the complaint made by the petitioners appearing at page 36 of the writ petition. The primary complaint of the petitioners is with regard to the private respondents occupying a portion of their property by way of encroachment. 6. Learned advocate appearing for the Chandannagore Municipal Corporation submits that it is not within the domain of the municipality to decide as to whether the private respondents had encroached upon the petitioners’ property, as boundary dispute cannot be settled by them. 7. Having heard the learned advocates appearing for the respective parties I find that the complaint of the petitioners is primarily with regard to the private respondents encroaching on the petitioners’ property. On the basis of the disclosure made by the private respondents the construction at Plot no. LR 987: 2813, 2814, LR 987 : 3196, RS – 623: 351, Premises number – 1505, Holding no. – 1505, Ward no. 12, Rue De Carnot , Chandannagore has been carried on in accordance with the sanctioned building plan on 31st December 2024. 8. This Court, while exercising its extra ordinary writ jurisdiction under Article 226 of the Constitution of India in judicial review is not in a position to decide as to whether the private respondents had encroached upon the petitioners’ property. There also appears to be no interim order passed by this Court at any stage. However, the factual finding rendered by the Chandannagore Municipal Corporation with regard to the construction having taken place in accordance with the sanctioned building plan, also cannot be interfered with by this Court. 3 9. In view of the aforesaid, the writ petition fails and the same is dismissed without any order as to costs. 10. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)