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2026 DAILYLAW 49324 (CAL)

KRISHNA DE AND ANR. v. THE STATE OF WEST BENGTAL AND ORS.

WPA/9314/2025 · 2026-10-05

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ML 83 05.10.2026 sayandeep Ct.3. WPA 9314 of 2025 Krishna De & anr. Versus The State of West Bengal & Ors. Mr. S. Bhatta … For the petitioner. Mr. Dinesh Chandra Singh Mr. Shreyashi Bhaduri …. For the State. 1. The matter is pending before this Court for long. The writ petition was filed on 24th April, 2025. The petitioner in fact is aggrieved with the decision taken by the Board of Councilors of the municipality on 7th February, 2025. The petitioners seek for demolition of the alleged entire illegal construction and not limited to order dated 7th February, 2025. Record would reveal that pursuant to the order passed by the co-ordinate Bench in WPA 13643 of 2024 on 23rd September, 2024, the municipality has initiated a proceedings which culminated in the above order. 2. According to the learned advocate for the municipality, the illegally constructed portion has already been demolished. Let a copy of the report filed by the sub-assistant engineer in Court today be taken on reocrd. 3. Having regard to the above and noting that the petitioners have an alternative remedy before the appellate authority, I am of the view at this stage, there is no scope to entertain the writ petition. 4. Accordingly, the writ petition is dismissed, leaving it open to the petitioner to approach the appropriate form if so advised. It is made clear that if the petitioners file an appeal within a period of 6 weeks from the date, the appellate 2 WPA 9314 of 2025 authority having regard to the pendency of the writ petition before this Court, shall entertain, hear out and dispose of the appeal on merits and in accordance with law as expeditiously as possible. (Raja Basu Chowdhury, J.)