Sudipta Gupta And ORS v. State Of West Bengal And ORS.

01-05-2024 Item No.189 ML Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.4206 of 2024 Sri Sudipta Gupta & Ors.

-vsThe State of West Bengal & Ors.

Mr. Mahbub Asfakul Zinna ...for the petitioners Mr. Sankha Subhra Ray ...for the municipality Mr. Gopal Chandra Das Ms. Ananya Das ...for the private respondents The petitioners are aggrieved by the act on the part of the Kamarhati Municipality in not admitting the allegation of unauthorised construction raised by the petitioners.

I have perused the spot inspection report and the minutes of the ordinary meeting held by the Board of Councillors of the Kamarhati Municipality on November 30, 2022. It appears therefrom that the petitioners have filed several writ petitions. The allegation of the petitioners was considered. The spot was inspected, but no unauthorised construction has been found.

The petitioners allege encroachment. It will be open for the petitioners to approach the civil court for remedy. No relief can be granted to the petitioners in this writ petition.

The writ petition fails and is hereby dismissed. Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]