Jagannath Pratihar v. State Of West Bengal And ORS.

04. 03.02.2026.

Court No.03.

(M/L) (Pritam) WPA 892 of 2025.

Jagannath Pratihar.

-Vs.- State of West Bengal & Ors.

Mr. Pratyush Patwari, Mrs. Priyanka Tibrewal.

.....for the petitioner.

Mr. Susovan Sengupta, Mr. Tarak Karan.

.....for the State.

Mr. Souhardya Mitra, (VC).

....for the municipality.

Ms. Labani Sikder, Mr. Souvik Dey.

.....for the private respondents.

1. Complaining illegal construction at the behest of the private respondents and failure on the part of the municipal authorities to take steps on the basis of the complaint made by the petitioner dated 23rd September, 2024, the instant writ petition has been filed.

2. By an order dated 6th January, 2026, this Court, upon hearing the parties, had directed the municipality to file a report in this matter.

3. Today, at the time of call, though the municipal authorities is represented through virtual mode, the learned counsel for the petitioner has placed before this Court a communication dated 21st January, 2026,

wherefrom it would transpire that a hearing has been scheduled in connection with the above representation made by the petitioner on 5th February, 2026. Let copy of such representation be taken on record.

4. Having heard the learned advocates for the respective parties and since the municipal authorities have already taken steps, I am of the view that no fruitful purpose will be served in keeping this writ petition pending.

5. Accordingly, the instant writ petition stands disposed of by directing the municipality to conclude the hearing pursuant to the notice dated 21st January, 2026 and to decide on the representation of the petitioner in accordance with law, by passing a reasoned order. The reasoned order must also be communicated to the petitioner.

6. It is made clear that in the event the municipality is of the view that there is illegal construction, the municipal authorities shall take appropriate steps under Section 218 of the West Bengal Municipal Act, 1993 and the Rules framed thereunder. It is expected that such proceedings shall be brought to a logical conclusion on an expeditious basis not later than eight weeks from the date of passing of the reasoned decision. If on the contrary, no illegal construction is detected, the matter be not proceeded further.

7. With the aforesaid observations and directions, the instant writ petition stands disposed of.

(Raja Basu Chowdhury, J.)