Sankar Paul And ORS. v. State Of West Bengal And ORS.

01.12.2025 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Sankar Paul & Ors.

Versus

The State of West Bengal & Ors.

Mr. Debashis Saha Mr. Avirup Roy Sanyal Ms. Sucheta Pal ... For the petitioners.

Mr. Md. Manroor Alam Ms. Mita Bag ... For the State.

Mr. Sirsanya Bandopadhyay Mr.Tithankar Dey Mr. Arka Kumar Nag ... For Bidhannagar Municipal Corporation.

Mr. Ayan Chakraborty Ms. Sohini Mukherjee Mr. Saikat Mallick ... For the respondent nos. 7 and 8 1.

Affidavit of service filed in Court is taken on record.

2.

The petitioners complain that Bidhannagar Municipal Corporation is not taking steps on the basis of the petitioners' complaint dated 13th July, 2023. 3.

According to the petitioners, although a notice has been issued by Executive Engineer, Bidhannagar Municipal Corporation on the private respondents apropos the illegal and unauthorized construction at premises no. AG 290 Krishnapur Road, P. S. Baguiati, Kolkata 700102, under ward no. 23 within Bidhannagar Municipal Corporation no further steps have been by the

corporation in furtherance to the above notice dated 21st August, 2023.

3.

Learned advocate representing Bidhannagar Municipal Corporation would submit that the proceedings which have been initiated by the municipal corporation in the year 2023 would be completed on an expeditious basis.

4.

Having heard the learned advocates appearing for the respective parties and noting that although on the basis of the complaint made by the petitioners a field inspection was conducted on 3rd August, 2023 and a show cause notice was issued on 21st August, 2023 by the Executive Engineer, Bidhannagar Municipal Corporation, no further steps appears to have been taken by the corporation, I am of the view that the municipal corporation ought to have taken the proceedings initiated by them to a logical conclusion expeditiously. The same has not been done.

5.

Be that as it may, since the learned advocate for the Bidhannagar Municipal Corporation would enlighten this Court that the municipal corporation is proceeding further in the matter, I direct the respondent no.4 to hear out the aforesaid show cause and decide on the petitioners' complaint as expeditiously as possible, preferably, within a period of two weeks from the date of communication of this order.

6.

In the event, the respondent no.4 is of the view that there is any illegal construction, the respondent no.4

shall initiate such proceedings as may be necessary and bring such proceedings to a logical conclusion as expeditiously as possible preferably within a period of eight weeks from the date of initiation of such proceedings.

7.

Needless to note, that the decision on the petitioners' complaint must be by passing a reasoned order upon giving an opportunity of hearing to the interested parties.

8.

With the above observations and directions the writ petition stands disposed.

Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)