Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 45412 (CAL)

MD. ZEESHAN AHMED v. STATE OF WEST BENGAL AND ORS.

WPA/22823/2026 · 2026-09-28

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.09.2026 sayandeep Sl. No. 03 Ct. No. 03 WPA 22823 of 2026 Md. Zeeshan Ahmed Vs. The State of West Bengal & ors. Mr. Asraf Mondal …. for the petitioner Mr. Susanta Dutta Ms. Subhanwita Ghosh …… for the State Mr. Piyush Chaturvedi, Sr. Adv. Mr. Bratin Kr. Dey ….. for the KMC Mr. Aniruddha Bagchi Ms. Sarda Sha ….. for the Railway authority 1. Complaining illegal construction at premises No. 2/3 Rameswar Shaw Road, Ward No. 59, P.S. Beniapukur, Kolkata 700014 and the failure on the part of the municipal authorities to take appropriate steps, the instant writ petition has been filed. 2. Today, learned advocate for the petitioner by placing before this Court the communication dated 17th September, 2026 would submit that he has instruction not to proceed with the instant writ petition. It is not the case of the petitioner that the illegally constructed portion has been demolished or has been regularized by the municipal authorities. 3. The KMC is represented. 4. Mr. Chaturvedi, learned senior advocate representing the KMC would submit that he is yet to receive instructions in the matter. 5. Having heard the learned advocates appearing for the respective parties and noting that illegal construction WPA 22823 of 2026 2 is a civil evil, I am of the view, the municipal authorities ought to have enquired into the matter. Accordingly, I direct the municipal authorities to forthwith carry out an inspection at the locale. The petitioner need not be informed of such inspection. 6. The municipal authorities, however, must prepare a report and on the basis thereof, if the Municipality is of the view that any illegal construction has taken place, appropriate proceedings in accordance with the provisions of KMC Act, 1980(hereinafter referred to as the said Act) would be initiated and the same would be brought to a logical conclusion on an expeditious basis preferably within a period of twelve weeks from the date of such ascertainment. 7. On the contrary, if the Municipality finds that there is no illegal construction, the matter shall not be proceeded further, though a report recording the same as directed must be filed with the learned Registrar General and once the same is filed, the same shall be tagged with this file. 8. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)