Manoj Kumar Mandal v. The State Of West Bengal And ORS.

09.02.2026 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15565 of 2025 Manoj Kumar Mandal

Versus

State of West Bengal & Ors.

Mr. Fasiur Rahman Molla Mr. Subhojit Saha ... For the petitioner.

Mr. Gourav Das Mr. Swapan Kumar Pal ...For the State.

Mr. Gobinda Chandra Bandyopadhyay Mr. Sourav Goswami ... For the municipality.

Mr. P. Mukherjee Mr. Ramsha Shamim .... For the private respondent.

1.

Mr.

Bandyopadhyay, learned advocate representing the municipality has placed before this Court the order dated 29th January, 2026, passed in WPCRC 15 of 2026. The order records that after providing four opportunities of hearing to the parties i.e. Tania Chakraborty and Manoj Mondal, the Board of Councillors of Uluberia Municipality adopted a resolution on 17th December, for demolition of unauthorized construction that had been detected. The order further records that contempt rule was issued against the Chairman of the municipality on 4th December, 2025. It was only thereafter, that the final order for demolition was passed by the municipality. This fact, as is indicated in

WPA 15565 of 2025 the aforesaid order, was not brought to the notice of the Court when the matter was moved by the petitioner. Only a truncated copy of such inspection report was placed before this Court.

2.

Today, the learned advocate for the private respondent has produced the entire report along with the violations, which are noted, in a copy appended to such report in yellow hatch mark.

3.

Since, the municipality has already taken a decision in this regard and since, as would apparent from the order dated 29th January, 2026, that after affording four opportunities of hearing the aforesaid order was passed, I am of the view that no interference is called for on the ground of violation of principles of natural justice. The petitioner also could not demonstrate any perversity in the order. Accordingly, the writ petition stands dismissed.

4.

Let copy of the report of the Surveyor dated 3rd February, 2026 which has been placed by the learned advocate for the private respondent along with its enclosure be retained with the record.

(Raja Basu Chowdhury, J.)