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2026 DAILYLAW 43766 (CAL)

TARUN KUMAR SANTRA AND ANR. v. THE STATE OF WEST BENGAL AND ORS.

WPA/9196/2025 · 2026-09-22

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4-8 22.09.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22548 of 2025 With CAN 1 of 2026 With CPAN 1358 of 2026 Subrata Panda & Ors. Versus Tamralipta Municipality & Ors. With WPA 9196 of 2025 With WPA 9197 of 2025 With WPA 10877 of 2025 Tarun Kumar Santra & Ors. Versus Tamralipta Municipality & Ors. Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya … For the petitioner in WPA 22548 of 2025 Mrs. Aishwarya Rajyashree Mr. Partha Sarathi Basu … For the State. Mr. Pradip Kumar Roy, Sr. Advocate Ms. Shruti Mitra ….For the respondent nos. 7 and 8 in WPA 22548 of 2025 and the petitioners in WPA 9196 of 2025, WPA 9197 of 2025 and WPA 10877 of 2025. Mr. Gopal Chandra Das Ms. Ananya Das … For the municipality. In re: CPAN 1358 of 2026 1. A contempt application, being CPAN 1358 of 2026 has been taken out by the petitioners in WPA 22548 of 2025, inter alia, complaining deliberate violation of the 2 WPA 22548 of 2025 order passed by this Court on 5th August, 2026, in not stopping the construction work at the locale. 2. Mr. Roy, learned senior advocate appearing on behalf of the alleged contemnors would submit that the copy of the contempt application has not been served. 3. Accordingly, let a copy of the contempt application be made over to Mr. Roy by the petitioners’ advocate. 4. Mr. Roy would submit that the contemnors have not acted in violation of the order dated 5th August, 2026, passed by this Court. 5. Having regard to such submissions made in Court by Mr. Roy, let an affidavit of compliance be filed by the alleged contemnors on or before the matter is taken up next. In Re: WPA 22548 of 2025 6. Report filed in terms of the order dated 16th September, 2026 is taken on record. The Inspector-in- Charge, of the jurisdictional police station is personally present in Court and has filed a report. Though there is no appropriate explanation for delayed submission of the report, however, having regard to the submissions made by Mr. Basu, learned advocate appearing for the State, the delay in filing the report is condoned. The police authorities are directed to ensure compliance of the order dated 5th August, 2026. 7. The interim order passed herein shall continue till end of November, 2026 or until further order whichever is earlier. 3 WPA 22548 of 2025 8. Personal appearance of the Inspector-in-Charge of the jurisdictional police station stands dispensed with on his undertaking to comply with the direction dated 5th August, 2026, passed by this Court and to present himself as and when directed. 9. As prayed for, time to file report by the municipality stands extended till the next date, however, the municipality must carry out the inspection as directed within seven days from date. 10. The municipality must ensure that the records of this case are produced on the next date. 11. List this matter in the Combined Monthly List of November, 2026 under the heading “Urgent Motion”. In Re: WPA 10877 of 2025 12. Although, Mr. Roy learned advocate representing the petitioners in WPA 10877 of 2025 would insist that the aforesaid writ petition should be taken up for consideration independent of the writ petition being WPA 22548 of 2025, I am of the view having regard to the nature of allegation leveled in WPA 22548 of 2025 and noting the peculiar facts as morefully detailed in the order dated 5th August, 2026 and the order dated 16th September, 2026, the present writ petition has to be considered only upon the petitioners in WPA 10877 of 2025 complying with the direction passed by this Court and upon filing the affidavit of compliance on purging themselves from contempt. In re: WPA 9196 of 2025 4 WPA 22548 of 2025 13. Insofar as writ petition, being WPA 9196 of 2025 is concerned, which pertains to alleged illegal construction by the petitioners in WPA 22548 of 2025, though Mr. Mukherjee would submit that the same is the counterblast to the writ petition filed by the petitioners in WPA 22548 of 2025, and would seek to place before this Court the sanctioned building plan, however, having regard to the case made out, I am of the view that the municipality must enquire into the matter by carrying out an inspection, and take an informed decision in accordance with law by passing a reasoned order. If the municipality is of the view that there has been illegal construction, appropriate proceedings under Section 218 of the West Bengal Municipal Act, 1993 shall be initiated and the same be brought to a logical conclusion on an expeditious basis, preferably within a period of sixteen weeks from the date of communication of this order. 14. It is, however, made clear that this Court has not gone into the merits of the case and the municipal authorities or any person responsible shall take a decision being uninfluenced by any of the observations made hereinabove. 15. Accordingly, the writ petition, being WPA 9196 of 2025 stands disposed of. (Raja Basu Chowdhury, J.)