Sumita Bhuinya v. State Of West Bengal And ORS.

17.12.2025 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15926 of 2025 Susmita Bhuinya

Versus

State of West Bengal & Ors.

Mr. Dilip Kumar Samanta Mr. Debapriya Samanta Mr. Akash Kumar Chakraborty Mr. S. Palit Mr. Raktim Siddhanta ... For petitioner.

Ms. Piyali Sengpta Mr. Sanjay sarkar .... For the State.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner would complain that a multi-storied building has come up adjacent to the petitioner's premises situated at Gorui Panchanan Sarkar Road, Rabindra Nagar, P. S. Dum Dum, District 24 Parganas (North), Ward no.4.

3.

Despite service, the municipality is not represented. Ms. Mousumi Bhowal, learned advocate who usually appears on behalf of the Dum Dum Municipality is present in Court. Ms. Bhowal is directed to appear in this matter. Let her appointment be regularized. 4.

Let a copy of the writ petition be served on Ms. Bhowal.

WPA 15926 of 2025 5.

Considering the nature of allegations and the urgency involved, the municipality is directed to carry out an inspection of the aforesaid premises. It shall not be necessary for the municipality to notify the petitioner for the inspection.

6.

If on the basis of such inspection, the municipality is of the view that any illegal construction has commenced, appropriate steps be taken under Section 218 of the West Bengal Municipal Act, 1993. 7.

If any proceedings are initiated the same shall be brought to the logical conclusion on an expeditious basis preferably within a period of six weeks from the date of initiation of such proceedings.

8.

If the municipality is of the view no proceedings should be initiated than an opportunity of hearing should be given to the parties for the municipality to take a decision in that regard, and such decision must be communicated to the parties by passing a reasoned order. 9.

With the above observations and directions, the writ petition is disposed of.

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

(Raja Basu Chowdhury, J.)