Subhojit Ghosh v. State Of West Bengal And ORS.

17.04.2025 Item No.33 PG/KS Ct. No.1 W.P.A.(P) 99 of 2025 Subhajit Ghosh

Versus

The State of West Bengal & Ors.

Ms. Pompy Bose Mr. Abhijit Sarkar .........For the Petitioner Mr. Pradip Kr. Roy, Sr. Adv.

Ms. Dipanwita Sarkar .....For the Respondent Nos.9 to 11 Mr. Arnab Chakraborty Ms. Pragya Bhowmick Ms. Esha Kar .....For the Respondent No.14

1. By this public interest litigation, a former student of the respondent no.9/College claiming to be an Ex-General Secretary of the students' representative of the governing body has alleged that the college is constructing a building consisting of ground + seven floors without obtaining any approval, without inviting e-tenders and, therefore, an investigation has to be caused by an independent agency.

2. The learned advocate appearing for the college submitted that the project was commenced under the scheme developed by the State Government and the college has 14000 students and as sufficient accommodation is not there, a plan was drawn up, which was vetted by the Jadavpur University and, thereafter, the plan was submitted to the Chief General Architect of the Government of West Bengal, who has approved it and since the Central authority has approved, the question of obtaining a Municipal approval does not arise. Initially, the construction was commenced by the Public Works Department.

Subsequently, on account of other pressing works for the department, work has been handed over to the respondent no.14, which is a Government of West Bengal enterprise.

3. Thus, we find that there is no illegality, as alleged by the petitioner and there appears to have been certain other motives behind the present petition being filed as a public interest litigation.

4. Thus, we find no good ground to entertain this writ petition as a public interest litigation.

5. With the aforesaid observations, the writ petition stands dismissed.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

8.

(T.S SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)