Sona Saha And ORS. v. Maynaguri Municipality And ORS.

13.01.2026 SL. No.56 Court No.2 SKG Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction W.P.A. No. 444 of 2025 Sona Saha & Ors.

Versus

Maynaguri Municipality & Ors.

Mr. Kunaljit Bhattacharjee, Mr. Haider Ali, Mr. Satyam Sarkar, Mr. Alok Sah, ...for the Petitioner.

Mr. Subir Kumar Saha, Ld. AGP, Mr. Pradip Sarkar, ... for the State Mr. Pretom Das, Mr. Abhishek Sen, ...for the Municipality Mr. Bikramaditya Ghosh, Mr. Partha Chowdhury, Mr. Subrata Sarkar, ...for the respondent nos. 5 and 6

1. The petitioner alleges unauthorized construction by the respondent no. 5 and 6.

2. The writ petition is disposed of without entering into the merits of the allegations.

3. The competent authority of the Maynaguri Municipality will treat the writ petition as a complaint of the petitioner and dispose of the same upon granting equal opportunity to all the parties.

4. Needles to mention that before any decision is taken by the Municipality, an inspection of the premises shall be conducted in presence of all the parties and a report shall be prepared to ascertain

whether at all there is any unauthorized construction or not. The report shall be supplied to the parties. The parties will be entitled to respond to the said report. Thereafter a reasoned decision shall be passed upon hearing all concerns.

5. The parties will also be at liberty to adduce evidence in the form of documents.

6. The entire exercise shall be completed within a period of 8 weeks from the date of communication of this order. If any unauthorized construction is detected, the same shall be demolished.

7. Accordingly, the writ petition is disposed of.

8. There shall be no order as to costs.

9. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)