Sibnath Chatterjee v. State Of West Bengal And ORS.

05. 24.11.2025 Court No.03.

(Pritam) WPA 1000 of 2024.

Sibnath Chatterjee.

-Vs.- State of West Bengal & Ors.

Mr. Partha Sarathi Das, Mr. Sha Md. Umer Edne Sadhique, Ms. Purnima Panda, Ms. Swarnali Ghosh, Ms. Sudipa Das.

....for the petitioner.

Ms. Tuli Sinha.

...for the State respondents.

Mr. Ayan Banerjee, Ms. Debarsee Dhamali.

......for the Bally Municipality.

1. The petitioner is aggrieved by the failure on the part of the municipal authorities to in effect comply with the order passed by a Co-ordinate Bench of this Court in WPA 9562/2020 dated 22nd July, 2022. According to the petitioner, despite the fact that the Co-ordinate Bench had granted leave to the petitioner to file a comprehensive representation, highlighting all the grievances as regards illegal construction at holding no.59/6, Ramlochan Street, Post OfficeBelurmath, Howrah, before the concerned municipality with supporting documents, and despite the petitioner in compliance of such direction having

WPA 1000 of 2024 filed such representation, the municipality in terms of the aforesaid order has not heard out the petitioner's representation by giving an opportunity of hearing to the petitioner. According to the learned advocate for the petitioner, only a notice of hearing and a notice of joint inspection were served.

2. Ms. Dhamali, learned advocate appears for the Bally Municipality. She would submit that though she does not have complete instructions, the inspection was duly carried out and a hearing had also taken place. However, the matter was thereafter adjourned. She has no clear instructions as to whether the representation has finally been disposed of.

3. Having heard the learned advocates representing the respective parties, I am of the view that since a direction has already been issued by the Co-ordinate Bench on 22nd July, 2022 in WPA 9562/2020 and in furtherance thereof, the petitioner having filed a representation and a hearing notice having been already issued, in my view, the above proceedings should be completed within 8 weeks from the date of communication of this order by giving opportunity of hearing to the parties, unless the same has already been completed, by passing a reasoned order.

WPA 1000 of 2024

4. It is needless to note that the order must be communicated to the petitioner.

5. The writ petition is, accordingly, disposed of. (Raja Basu Chowdhury, J.)