Subhomoy Chakraborty v. State Of West Bengal And ORS.

20.05.2025 Sl. No.39 Ct.3/ tkm W.P.A. 23706 of 2024 Subhomoy Chakraborty Vs.

State of West Bengal & Ors.

Mr. D Banerjee Mr. A Sinha Mr. Amartya Basu ... ... for the petitioner Ms. Sonal Sinha Mr. S Das Ms. S Farooqui ... ... for the HMC Mr. Supriyo Chattopadhyay ... ... for the State Mr. Srijib Chakraborty Mr. S Chakraborty Mr. Amit Chowdhury Mr. Aditya Mondal Ms. S K Singh ... ... for respondent no. 10 1.

The affidavit of service is taken on record.

2.

The report filed by the State is taken on record. 3.

The petitioner, in the present writ petition, alleges that illegal construction has been carried out by respondent no. 10 at premises no. 144/31, Dharmatala Road, Howrah.

4.

The petitioner claims to be the owner and resident of premises no. 144/33, Dharmatala Road, Howrah. It is alleged that the private respondent obtained sanction for construction of a G+3 storied building on the adjacent plot situated at the same premises. However, contrary to the

sanctioned plan, the private respondent has constructed a G+5 storied building.

5.

The petitioner submitted a representation dated 01.08.2024 with respect to the said unauthorized construction. However, no action has been taken by the concerned authorities till date.

6.

Learned counsel for the respondent municipality submits that they are ready and willing to consider and decide the petitioner's representation dated 1.8.2024. 7.

Learned counsel for the petitioner submits that his client shall be satisfied if his representation is decided within a time-bound manner.

8.

In view of the statement made by the respondent municipality, this court directs the respondent municipality to decide petitioner's representation dated 1.8.2024 within a period of eight weeks from the date of communication of this order after affording an opportunity of hearing to the petitioner as well as private respondents by way of a speaking order.

9.

With the above direction the present writ petition is disposed of.

10.

Since no affidavit is called for, allegations made in the writ petition are deemed to have been denied. (Gaurang Kanth, J.)