Tapas Kumar Manna v. Kolkata Municipal Corporation And ORS.

WPA 7868 of 2025 Tapas Kumar Manna Vs.

The Kolkata Municipal Corporation & Ors.

Mr. Partha Sarathi Bhattacharyya, Mr. Raju Bhattacharyya ...for the Petitioner Mr. Biswajit Mukherjee, Ms. Gulnaz Quraishi ...for KMC Mr. Bratin Kumar Dey, Ms. Anjana Banerjee, Mr. Joydeep Das ...for Respondent No. 11 12-06-2025 AKG Ct. 15 The petitioner is the owner of the ground floor and the second floor of a residential building at 1, Kali Kumar Banerjee Lane, Ward No. 6, Borough - I, Police Station - Chitpur, Kolkata - 700 002. Respondent no. 11 appears to be the owner of the first floor of the building. By filing this writ petition, the petitioner alleges that respondent no.

has recently undertaken some unauthorised constructions on the second floor, which is impeding access of the petitioner to the second floor from the ground floor.

Learned advocate appearing for respondent no. 11 denies the allegation. He submits that respondent no. 11 has only undertaken some minor repair works and the petitioner egress and ingress from ground floor to second

floor, in no way, has been obstructed by such construction.

There is no occasion to delve into the disputed facts as urged by the parties before this Court. Accordingly, I dispose of this writ petition giving a direction upon the Kolkata Municipal Corporation to inspect the premises giving due notice to the petitioner as well as respondent no. 11 and to find out whether respondent no. 11 has recently undertaken any unauthorised construction or not. Upon inspection, the Corporation finds that there has been any unauthorised construction at the behest of respondent no. 11. The Corporation shall take steps in accordance with law.

Accordingly, WPA 7868 of 2025 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)