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2026 DAILYLAW 5705 (CAL)

MANIKA HAMBIR v. STATE OF WEST BENGAL AND ORS.

WPA/1823/2025 · 2026-02-09

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14. 09.02.2026. Court No.03. (M/L) (Pritam) WPA 1823 of 2025. Manika Hambir. -Vs.- State of West Bengal & Ors. Mr. Rafikul Islam Sardar. .....for the petitioner. Mr. Nara Narayan Ganguly, Mr. Abhijit Ghosh. .....for the State. Mr. Sandipan Banerjee, Mr. Santanu Chatterjee. ....for the HMC. Mr. Debarshi Brahma, Mr. Sayantan Maity. .....for the respondent. 1. The present writ petition has been filed, inter alia, praying for a direction upon the respondent nos.2 to 5 to demolish the unauthorized building constructed at Mouza - Puilya, Plot No.469, L.R. Khatian No.723, P.O.- Unsani, P.S.-Jagacha, Howrah, Ward No.46. 2. The matter has a chequered history. Previously complaining inaction on the part of the Howrah Municipal Corporation (HMC), a writ petition had been filed, which was registered as WPA 14237/2019. By an order dated 1st March, 2021, this Court noting that the municipality had already initiated a proceeding, had 2 disposed of the said writ petition by directing the Assistant Engineer, Borough-VII, Howrah Municipal Corporation (HMC) to communicate the fate of the hearing in the proceeding for demolition of unauthorized construction to the petitioner within a period of six weeks. The learned advocate for the petitioner would submit from the bar that pursuant to the aforesaid though a portion of the property of the private respondent was demolished by the Howrah Municipal Corporation (HMC), however, the private respondent has once again started illegal construction at the above premises. 3. The Howrah Municipal Corporation (HMC) as also the private respondent are represented in Court today. The learned advocate for the private respondent would submit that no further construction has taken place at the locale. 4. Mr. Banerjee, learned advocate appearing for the Howrah Municipal Corporation (HMC) would submit that a proceeding has already been initiated by the Howrah Municipal Corporation (HMC) in relation to the complaint lodged by the petitioner regarding the illegal construction. 5. Though the petitioner and the private respondent have been heard, however, the final order is yet to be passed and communicated. 3 6. Having regard to the above, I am of the view that the Howrah Municipal Corporation (HMC) must conclude the proceedings as expeditiously as possible and shall dispose of the same by passing a reasoned order within six weeks from the date of communication of this order, which must be communicated to the parties. All consequences shall follow. 7. With the aforesaid directions and observations, the instant writ petition stands disposed of. (Raja Basu Chowdhury, J.)