27 24.09.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 24951 of 2026 Sikander Azad Shaikh & Ors. Versus The State of West Bengal & Ors. Mr. Partha Sarathi Das Ms. Sudipa Das Mr. Agrajyoti Chand … For the petitioners. Ms. Anita Kundu Ms. Ankana Sarkar …. For the State. Mr. Piyush Chaturvedi, Sr. Advocate Mr. Nilanjan Chatterjee … For the KMC Mr. Abdul Hadi …For the respondent no.7 1. Affidavit of service filed in Court is taken on record. 2. Complaining of illegal construction at premises no. 5 Lock Gate Road, Ghosh Bagan, Chitpur, Kolkata, and the failure on the part of the municipal authorities to take steps, the instant writ petition has been filed. 3. Though the respondent no. 7 would submit that the parties are litigating in a civil suit and an order of status quo is subsisting, however, having regard to the fact that it is the obligation of the municipal authorities to ensure that no illegal construction takes place, I am of the view that the petitioners’ complaint must be disposed of by the municipality, unless the proceedings have already initiated or any demolition order has been passed, by 2 WPA 24951 of 2026 passing a reasoned order in accordance with law upon giving an opportunity of hearing to the interested parties within a period of four weeks from the date of communication of this order. On the basis of the decision to be taken by the municipality if it transpires that there has been illegal construction, appropriate steps to deal with the illegal construction shall be taken. 4. It is, however, made clear if the municipality has already proceeded in the matter and has passed a demolition order, the municipality must ensure that the same is brought to a logical conclusion on an expeditious basis unless there be any impediment in implementing the same. In either case, the municipality must keep the petitioners informed by an appropriate communication within the period noted hereinabove. 5. With the above observations and directions, the writ petition is disposed of. 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.)