05.10.2026 Ct. 3 Item No. AD 78 Saswata WPA 8494 of 2025 Dipankar Samajpaty & Anr. Versus State of West Bengal & Ors. Ms. Sangita Jyangra Ms. Payel Neogi Ms. Sabina Khatun …For the petitioners Mr. Ranjan Kumar Sinha …For the State 1. Affidavit of service filed in Court today is retained with the record. 2. The petitioners are aggrieved with the construction of a partition wall on a common passage at the first floor level of the building situated at 58/1, Grand Trunk Road (Presently 16 G.T.Road), Dist-Purba Bardhaman, ward no. 31. 3. In response to a query of this Court, the learned advocate appearing for the petitioners submits that a suit is pending between the private parties. According to the petitioners’ advocate the suit filed by the petitioners is for eviction, while the suit filed by the private respondents is for decree against eviction without due process of law. 4. The State is represented. 5. Having heard the learned advocates appearing for the respective parties, I am of the view that it shall not be appropriate at this stage to accede to the petitioners’ prayer inasmuch as civil disputes between the private parties are pending adjudication before the Civil Court. However, since a complaint has been made with the municipality, it would 2 be prudent at this stage to dispose of the writ petition by directing the municipality to enquire into the matter. 6. It is made clear that the municipality shall not decide the private disputes between the parties touching the civil suit and shall restrain the enquiry limited to the claim of illegal construction. 7. The outcome of the enquiry shall be disclosed to the petitioners by passing a reasoned order upon affording an opportunity of hearing. 8. It is expected that the proceeding be concluded within 8 weeks from the date of communication of this order. 9. With the above direction and observation, the writ petition is disposed of. 10. All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)