Karuna Ghosh And ANR. v. State Of West Bengal And ORS.

09.07.2025 Sl. No.27 Ct.3/ tkm W.P.A. 30573 of 2024 Karuna Ghosh & Anr.

Vs State of West Bengal & Ors.

Mr. Aditya Bikram Mahata ...for the petitioners Mr. Mir Anuruzzman ...for Rajpur Sonarpur Municipality Mr. Ansar Mondal Mr. Asish Dutta.

...for the State Mr. Shamik Chataterjee ...for private respondent no. 9

1. The petitioners have filed the present writ petition, being aggrieved by the inaction of the respondent authority in failing to take any action against the alleged illegal and unauthorized construction being carried out at JL No. 44, Khatian No.

648, Dag No.

251, Mouza Tetulberiya, P.S. Narendrapur, District South 24 Parganas, at the instance of private respondent nos. 7 to 11.

2. It is the case of the petitioners that they, along with private respondents Nos. 7-11, are siblings and co-owners of the above-mentioned property. They allege that the private respondents are carrying out unauthorized construction by adding an additional floor to the existing structure, without their consent and without

obtaining the necessary permission from the respondent municipality. Petitioner made various complaints to the Respondent authorities, however, no action, what so ever has been taken against the said unauthorised construction.

3. Learned counsel for the respondents submits that the authorities are ready and willing to decide the petitioners' representation dated 14.11.2024.

4. Learned counsel for the petitioners submits that his clients would be satisfied if the said representation is decided within a time-bound manner.

5. In view of the submissions made by the learned counsel for the parties, this Court directs respondent no. 3, the Chairman of Rajpur Sonarpur Municipality, to consider and dispose of the petitioners'

representation dated 14.11.2024 within eight weeks from the date of communication of this order. The decision shall be made strictly in accordance with law, after granting an opportunity of personal hearing to the petitioners, the private respondents, and any other relevant stakeholders, by passing a reasoned and speaking order.

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

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

(Gaurang Kanth, J.)