Sachindra Nath Karmakar v. The Kolkata Municipal Corporation And ORS

OD- 2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE IA NO.GA/1/2026 WPO/23/2026 SACHINDRA NATH KARMAKAR VS THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE

THE HON'BLE JUSTICE RAJA BASU CHOWDHURY Date: 27th April, 2026 Appearance:

Mr. Alak Kumar Ghosh, Adv.

Mr. Ragunath Chakraborty, Adv.

Mr. Saikat Thakurata, Adv.

....for the petitioner Mr. Nilotpal Chatterjee, Adv.

Mr. Durgadas Chakraborty, Adv.

Ms. Dipanwita Ganguli, Adv.

....for the KMC Mr. Kamlesh Jha, Adv.

..for the private respondents Ms. Susmita Biswas Chowdhury, Adv.

...for the State

1. Supplementary affidavit filed in Court today be taken on record.

2. The present writ petition has been filed complaining non-disposal of the petitioner's representation, inter alia, regarding unauthorised construction and for revocation of the sanctioned building plan issued by the municipal authorities, vide representations dated 18th December, 2025 and 30th December, 2025.

3. Records would reveal that the petitioner had previously made a complaint regarding unauthorised construction at premises no.14A, Bechu Chatterjee Street, Kolkata - 700 009 under Ward-38, Borough-IV.

4. Today, Mr. Chatterjee, learned Advocate representing the municipality has placed before this Court a report duly countersigned by the Executive Engineer (C)/Bldg./Br.-IV & V amongst others, dated 10th February, 2026 and

would submit that an inspection was carried out at the site on the basis of the complaint lodged by the petitioner and during inspection, it was found that the construction work was going on as per the sanctioned plan.

5. Having regard thereto, I am of the view that the allegation of illegal construction no longer survives. Be that as it may, noting that the petitioner has also made a representation for revocation of the sanctioned plan, the municipality should decide on such representation dated 30th December, 2025 by giving an opportunity of hearing to the petitioner and the private respondent and by passing a reasoned order.

6. It is expected that a decision in this regard shall be taken by the municipality within a period of 12 weeks from the date of communication of this order.

7. Accordingly, the writ petition along with the connected application being IA No.GA/1/2026 stands disposed of.

(RAJA BASU CHOWDHURY, J.) akg/