13 29.09.2026 Saswata Ct.3. WPA 25557 of 2026 Sankar Prasad Dalapati Versus Rajpur – Sonarpur Municipality & Ors. Mr. S. Dutta Mr. D. Dutta Mr. Pritam Choudhury Mr. Satik Dewan Mr. S. Mahata Mr. S. Mondal Mr. A. Santra …For the petitioner Mr. Tapas Kumar Chatterjee, Mr. Bidhayak Lahiri …For the State Mr. Mir Anuruzzaman …For the municipality Mr. Sanjib Bandyopadhyay Mr. Ashok Kumar Singh Mr. Pritam Das …For the private respondent no. 9 1.The petitioner is aggrieved by the unauthorized construction and commencement of the business operations from the Holding no. 3191 Tegharia Narendrapur Station road, P.O. Ramkrishna Pally, Narendrapur carried out by the private respondent nos. 9 and 10. 2. It is submitted on behalf of the petitioner that the private respondent nos. 9 and 10 are running a garage and / or commercial activities from the petitioner’s adjacent premises at Mouza – Tagharia, J.L. No. – 52, R.S. Dag no. – 66, R.S. Khatian no. – 135/1, ward no. 6, Holding no. 3191, Sonarpur, Dist – South 24 Parganas under Rajpur – Sonarpur Municipality, L. R. Khatian no. – 2507, L. R. Dag no. – 68. 3. The private respondent is represented and has placed before this Court a sanctioned building plan to demonstrate 2 that the construction has been carried in accordance with the sanctioned building plan sanctioned by the municipality. 4.The private respondent has also placed before this Court a permanent enlistment certificate issued by the municipality in accordance with the provisions of West Bengal Municipal Act, 1993 for carrying out the business in the name and style of Bhupal Naskar Garage. Let a copy of the aforesaid certificate of enlistment as placed before this court be retained with the record. 5.Having heard the learned advocates appearing for the respective parties I find that the private respondent’s contention on factual issues cannot be decided by this court. Further noting that a complaint is pending consideration before the Municipality, I am of the view that the municipality must decide the complaint in accordance with law upon giving opportunity of hearing to the parties. It is expected that a decision in this regard shall be taken on an expeditious basis preferably within a period of 4 weeks from the date of communication of this order. The Municipality must decide whether the private respondent has the permission to carry out commercial business from the locale. 6.It is made clear that if any violations are found, all consequences shall follow and the authority shall also be entitled to issue stop work. 7. With the above direction and observation, the writ petition is disposed of. 8. 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.)