23.09.2026 Ct. 3 Item No. AD 12 Saswata WPA 24890 of 2025 Manik Sarkar & Anr. Versus The State of West Bengal & Ors. Mr. Abdul Hamid Molla Mr. Sahil Hamid Mr. Biswadeep Dey Mr. Md. Ijaz Ahmed Molla …For the petitioners Mr. Alok Kumar Ghosh Mr. Arijit Dey …For the KMC Mr. Angshuman Chakraborty Mr. S. S. Saha …For the respondent nos. 9 and 10 1. Since, the learned advocate appearing for the petitioners has not served notice of upgradation on the private respondents, learned advocate appearing for the private respondents raises objection. 2. This writ petition has been filed alleging illegal construction and the failure on the part of the municipal authorities to take appropriate steps. 3. The writ petition was filed on 1st November 2025. According to the petitioners the building standing at premises no. 11, Gobindo Banerjee Lane, PO. Tollygunge, P.S. Charu Market, Kolkata – 700 033 ward no. 89 is without any authorization from the municipal authorities. 4. Mr. Ghosh, learned advocate appears for the Kolkata Municipal Corporation. 5. In response to a query from this Court, the learned advocate appearing for the private respondents could not submit as to whether the construction is with any sanctioned plan as he has no instruction in this matter. This Court, however, notices that the vokalatnama has been filed on behalf of the private respondents on 17th November 2025 2 6. In the peculiar facts and having heard the learned advocates appearing for the respective parties and noting that a compliant of illegal construction has been made, and since at this stage the learned advocate for the private respondents do not have any instruction whether the building standing at the locale is with sanction, the municipality is directed to consider and dispose of the petitioners’ representation in accordance with law by passing a reasoned order. If, the municipal authorities find that there has been any illegal construction, appropriate proceeding under the appropriate provisions of Section 400 of the Kolkata Municipal Corporation Act, 1980 may be initiated, unless, the same has already been initiated. At the first instance, it is not necessary to notify all the parties. 7. On the contrary if, the municipality finds that there is no illegal construction, an order in this regard must be served on the petitioners, inviting objection, if any, and in such case the representation shall be disposed of by giving an opportunity of hearing to the petitioners. 8. With the above observation and direction, 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.)