17 30.09.2026 Saswata Ct.3. WPA 2605 of 2026 Shah Alam Versus State of West Bengal & Ors. Mr. Siva Prosad Ghose Mr. Sujit Sahoo …For the peitioner Mr. Pradyat Saha Ms. Shreyosi Chakraborty …For the State Mr. Nilotpal Chatterjee Mr. Debanjan Mukherjee …For the K.M.C. 1. Affidavit of service filed in Court today is retained with the record. 2.Complaining illegal construction at the behest of the respondent no. 8 in his capacity as a developer, concerning premises no. 2/H/28 Bipro Das Street, Kolkata – 700009 and the failure on the part of the municipal authorities to take appropriate steps, the instant writ petition has been filed. 3. Though, the municipality is represented, the learned advocate is unable to enlighten this Court as to whether the complaint filed by the petitioner has been redressed. 4. The State is represented and has filed a report. let a copy of the aforesaid report as filed in Court today is retained with the record. 5.Having heard the learned advocates appearing for the respective parties and since a case of illegal construction of such huge magnitude in the form of G+V storied 2 building has been made and since, the private respondent remains unrepresented despite service, I am of the view that the municipality must carry out an inspection at the locale and decide on the petitioner’s representation by passing a reasoned order. If on the basis of the decision taken by the municipality, it transpires that there is an illegal construction, appropriate steps in accordance with Section 400 of the Kolkata Municipal Corporation Act, 1980 shall be initiated to deal with the same. 6.It is made clear that till such time a decision is taken by the municipality, no further construction should be carried out at the locale. The Officer in charge of the jurisdictional police station must ensure compliance of the above direction. 7.It is also made clear that if the municipality detects that there is no illegal construction, no further steps should be necessary in which case, a report in this regard must be filed by the municipality with the Learned Registrar General. Once such report is filed, the same shall be tagged with the file. 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.)