24.09.2026 sayandeep Sl. No. 04 Ct. No. 03 WPA 24555 of 2026 Shibnath Bhattacharyya Vs. The State of West Bengal & ors. Mr. Sounak Bhatatcharya Ms. Bipasha Bhattacharyya …. for the petitioner Mr. MIR Anuruzzaman ….. for the municipality Mr. Sachidananda Pandey Ms. Snigdha Das ….. for the State Mr. D. Mukherjee …. For the pvt. respondent 1. The affidavit-of-service filed in Court today is taken on record. 2. The petitioner is aggrieved by the construction of a soak pit adjacent to the petitioner’s property by the private respondent Nos. 7 and 8. The petitioner also complains of illegal construction on the first floor of its adjacent premises. It is the petitioner’s case that the petitioner’s father had gifted the adjoining land on which there was an existing construction of a single storied building which is adjacent to the petitioner’s premises. Though, the petitioner had carried out construction on the land gifted to him by his father in accordance with the municipal laws, in the adjacent portion which has been gifted to the petitioner’s brother, a soak pit has been constructed and an illegal construction has come up on the first WPA 24555 of 2026 2 floor of the building. A representation appears to have been made by the petitioner which is dated 4th August, 2026. 3. Considering the peculiar facts, I am of the view, the municipality may consider such representation and dispose of the same in accordance with law by giving an opportunity of hearing to the interested parties. It shall be, however, open to the municipal authorities to enquire into the construction carried out by the petitioner while making the enquiry at the adjacent plot of the petitioner. 4. It is expected that a decision in this regard shall be taken by the municipality preferably within a period of sixteen weeks from the date of communication of this order. 5. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)