Rajendra Prasad Shaw v. State Of West Bengal And ORS.

25.06.2025 Sl. No.27 Ct.3/ tkm W.P.A. 24358 of 2024 [Rajendra Prasad Shaw vs. State of West Bengal & Ors.] Mr. Kushal Chatterjee Mr. Noorul Islam ... ... for the petitioner Mr. Alok Kr. Ghosh ... ... for KMC Mr. Jyoti Prakash Chatterjee Mr. Debabrata Mondal ... ... for the State

1. Affidavit of service is taken on record.

2. The petitioner in the present writ petition is aggrieved by the inaction on the part of the respondent corporation in failing to take appropriate steps to stop and/or demolish the unauthorized construction allegedly being carried out at premises no. 3B & 3C, Ashu Babu Lane, Khidirpur, PS Watgunge, Kolkata, at the instance of the private respondent.

3. It is the case of the petitioner that he is the owner and resident of 3A, Ashu Babu Lane, Khiddirpore. According to him, the private respondents, who are residing adjacent to his property, amalgamated premises no. 3B&C and started unauthorized construction without any valid sanctioned building plan.

4. Learned counsel for the petitioner submits that this fact has been admitted by the respondent

corporation in a reply dated 6.3.2024 furnished under Right to Information Act. He further submits that the petitioner has filed multiple representations, including the one dated 27.05.2024 before the respondent authorities, but no action has yet been taken to address the grievance of the petitioner.

5. Learned counsel for the respondent Corporation submits that they are ready and willing to consider the petitioner's representation dated 27.5.2024.

6. Learned counsel for the petitioner submits that the petitioner shall be satisfied if the said representation dated 27.05.2024 is decided within a time bound manner.

7. In view of the above, the present writ petition is disposed of with the direction upon the respondent no. 6 to decide the petitioner's representation dated 27.5.2024, within a period of six weeks from the date of communication of this order after affording an opportunity of personal hearing to the petitioner as well as all private respondent or any other relevant stakeholder, by way of a speaking order.

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

9. Since no affidavit is called for, allegations made in the writ petition are deemed to have been denied.

(Gaurang Kanth, J.)