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Calcutta High CourtWPA/9265/2026dismissed

Bubai Das v. State Of West Bengal And ORS.

2026-05-14Hon'Ble Justice Raja Basu Chowdhury2 pages

14.05.2026 sayandeep Sl. No. 02 Ct. No. 03 WPA 9265 of 2026 Bubai Das Vs.

The State of West Bengal & ors.

Mr. Francis Samson Correa Mr. Sunny Nandy Ms. Sneha Singh Ms. Yamini Tiwari Mr. Manmohan Singh Roop Roy ...... for the petitioner Mr. Srijan Nayak Ms. Poushali Banerjee .... For the KMC

1. Today, the learned advocate for the petitioner would submit that there are formal defects in the writ petition as such he does not wish to proceed. In response to a query from the Court, he would submit that the address in respect whereof illegal construction has been made is incorrectly noted in the petition.

2. Upon scrutiny, it, however, transpires that the complaint had been addressed starting from Mayor to the Principal Secretary, Urban Development and Municipal Affairs with the claim that the illegal construction is being carried out at premises No. 7/1/H/4 Narkeldanga Main Road, Kolkata-700011.

3. Apart from the prayer portion in paragraph 3 of the petition, a specific statement has been made that the petitioner had noticed that there had been construction work going on at premises No. 7/1/H/4

WPA 9265 of 2026 Narkeldanga Main Road, Kolkata-700011.

Such statement has been affirmed as true to knowledge in the affidavit.

4. In the prayer portion, the petitioner has also prayed for steps to be taken by the municipal authorities in respect of the aforesaid premises.

5. Having regard thereto, this Court is not inclined to grant leave to the petitioner to withdraw the petition.

6. Incidentally, Mr. Nayek, learned advocate appearing for the municipality also does not have any instructions in the matter.

7. In the light of the above, since the petitioner does not wish to press the writ petition, let the writ petition be dismissed as withdrawn without any order as to costs. (Raja Basu Chowdhury, J.)