Biswanath Sardar v. The State Of West Bengal And ORS.

WPA 22727 of 2024 Biswanath Sardar Vs.

State of West Bengal & Ors.

Mr. Madhu Jana, Mr. Golam Zaky, Ms. Ritika Chowdhury, Ms. Priti Mourya ...for the Petitioner Mr. Dipankar Mandal, Mr. Abdul Aziz Mondal ...for the Municipality Ms. Sangeeta Roy, Ms. Barnali Gupta ...for the State 11-06-2025 AKG Ct. 15 The petitioner is aggrieved by a demolition notice dated August 31, 2024, issued by the Chakdah Municipality. Learned counsel appearing on behalf of the Municipality submits that the petitioner has undertaken construction on a plot of land classified as pukur (water body).

Learned counsel appearing for the petitioner contends that similarly situated individuals have not been subjected to any demolition proceedings by the Municipality. In light of the appellate remedy provided under Section 218(3) of the West Bengal Municipal Act, 1993, I am not inclined to entertain the present writ petition. It is submitted by the learned counsel for the petitioner that the demolition order was served upon the petitioner

only on June 2, 2025.

Having regard to the above, liberty is granted to the petitioner to prefer an appeal under Section 218(3) of the West Bengal Municipal Act, 1993, against the demolition order before the appropriate authority in accordance with law.

Accordingly, WPA 22727 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)