Debasish Dutta v. The State Of West Bengal And ORS.

28.01.2026 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19711 of 2025 Debasish Dutta

Versus

The State of West Bengal & Ors.

Mr. Avishek Das Mr. Piyush Kumar Mr. Soubhik Dey ... For the petitioner.

Mr. Sourav Chowdhury Mr. Abdus Salam .... For the State.

Mr. Sounak Bhattacharya ... For Asansol Municipal Corporation.

1.

Affidavit of service filed in Court is taken on record. Despite service, the private respondent is not represented.

2.

The instant writ petition has been filed alleging illegal construction at holding no.1860, Ward No. 39, under Asansol Municipal Corporation, at the behest of the private respondent herein.

3.

Unfortunately, the schedule of the petitioner's representation dated 18th July, 2025, as rightly pointed out by Mr. Bhattacharya, learned advocate representing the municipal corporation, does not clearly identify where the illegal construction has taken place.

4.

Having heard the learned advocates appearing for the respective parties, I find that there is a lot of confusion in the recording of the holding number in the

WPA 19711 of 2025 representation dated 18th July, 2025. While in the subject of the representation the holding number 1343/1860 has been mentioned; in the schedule thereto, the holding number 1343 has been mentioned.

5.

In the light of the above, in my view, it shall be prudent at this stage, to dispose of the writ petition by permitting the petitioner to make a fresh representation. 6.

If such representation is made within a period of two weeks from date, the Corporation shall decide the same in accordance with law by giving an opportunity of hearing to the necessary parties and by passing a reasoned order. The decision as aforesaid shall be taken by the Corporation within a period of four weeks from the date of filing of such representation. Needless to note that if situation warrants appropriate action shall be taken. 7.

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.)