21 30.09.2026 Saswata Ct.3. WPA 26220 of 2026 Ashim Ghoshal Versus State of West Bengal & Ors. Mr. Ushananda jana Mr. Supriyo Ghosh …For the petitioner Mr. Soumen Ghosh …For the State Mr. Uttiya Ray …For the respondent no. 7 Ms. Soumili Biswas …For the respondent nos. 10 to 12 1.Ms. Soumili Biswas, learned advocate appears on behalf of the respondent nos. 10 to 12 and undertakes to file vokalatnama on their behalf. 2. Affidavit of service filed in Court today is retained with the record. 3.The matter pertains to an unauthorized illegal construction carried out by the private respondents at Mouza- Madhusudanpur, J.L. No. 68, R.S. Dag no. 465, Lr. R. Dag no. 465, Khatian no. 272, L.R. Khatian no. 1273, 1275 and 1808 under Bolpur Municipality in ward no. 2, under Santinikaetan Police Station, Birbhum and failure on the part of the municipal authorities to take appropriate steps. 4.The municipality is represented. It is submitted that the allegation is of construction of a pucca structure with RCC roof without obtaining sanctioned building plan. However, since a civil suit is pending between the private 2 respondents before the Learned Civil Judge (Junior Division), 1st Court at Bolpur in TS no. 60 of 2026 and an interim order of status quo is subsisting, the municipality has not proceeded with the matter. 5. Having heard the learned advocated appearing for the parties and having considered the materials on record, I find that the complaint is with regard to construction of pucca structure with RCC roof without obtaining sanctioned building plan. The order of status quo is between the private respondents. 6.In my view, the order of status quo passed by a civil Court in a suit cannot interfere with the rights of the municipality under the provisions of West Bengal Municipal Ac, 1993, especially when it is stated by the learned advocate for the petitioner that the municipality is not a party to the same. 7. Be that as it may, considering the fact that the illegal construction has taken place, I am of the view that the municipality should proceed with the matter and take appropriate steps in accordance with law. 8. With the above direction and observation, the writ petition is disposed of. 9. 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.)