Bhowmick Construction And ANR. v. The State Of West Bengal And ORS.

M/L 438 25.06.2025 Rohit ct.no.14

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15213 OF 2024 Bhowmick Construction & Anr.

Versus

The State of West Bengal & Ors.

Mr. S. N. Biswas ...for the Petitioner Mr. Jayanta Samanta Mr. Jaydip Basu Mr. Nikhil Kumar Gupta ...for the State of West Bengal

1. Affidavit-of-service filed in Court is taken on record.

2. The petitioner is aggrieved by the order passed by the West Bengal Real Estate Regulatory Authority. It has been submitted that an application for substitution was filed which was not taken into consideration by the said authority.

3. The Court is of the opinion that in the event the petitioner is aggrieved by the order of the Regulatory Authority, the petitioners ought to approach the statutory appellate forum for remedy. Writ petition challenging the order of the Authority cannot be held to be maintainable.

4. The writ petition accordingly fails and is hereby dismissed.

5. Dismissal of the writ petition will, however, not stand in the way of the petitioners to approach the statutory appellate forum for remedy in accordance with law, if so advised.

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

(Amrita Sinha, J.)