Bikash Gupta v. The Kolkata Municipal Corporation And ORS

OD-15 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/309/2025 BIKASH GUPTA VS THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 17th July, 2025.

Appearance Mr. Ayan Dutta, Adv.

Mr. Bidish Ghosh, Adv.

Mr. Arindam Paul, Adv.

Ms. Sohini Choudhury, Adv.

... for the petitioner.

Mr. Debnath Ganguly, Adv.

Mr. Supriyo Dutta, Adv.

... for respondent no.5.

Mr. Gopal Chandra Das, Adv.

Ms. Ananya Das, Adv.

... for the KMC.

Ms. Tapati Samanta, Adv.

... for the State.

The Court: The petitioners have filed the present writ petition, being aggrieved by the inaction of the respondent Municipality in failing to take appropriate steps to prevent or stop the unauthorized construction allegedly undertaken at premises No. 138/1, A.P.C. Road, District-Kolkata, Pin700006, on behalf of the private respondent No. 5 It is the case of the petitioner that he is the owner of the premises having holding no. 18, Karbala Tank Lane, P. S.- Burotolla, Calcutta700006.

It is stated by the learned Counsel for the petitioner that in its neighbourhood, at premises No. 138/1, A. P. C. Road, District-Kolkata, Pin700 006, the private respondent is carrying out illegal and unauthorized construction by raising tin shed factory.

Learned Counsel for the private respondent no.5 states that he has not raised any illegal and unauthorized construction but has only put bamboo and tarpaulin to avoid the rainy season within his property. Learned Counsel for the petitioner further states that he has made a representation dated 24th February, 2025 to the Corporation but the same has not been acted upon.

Learned Counsel for the respondent/Corporation states that they are ready and willing to decide the complaint petition dated 24th February, 2025. Learned Counsel for the petitioner states that he shall be satisfied if the same is decided within the time bound manner. In view of the submissions made by the Counsel for the parties, this Court directs respondent no.4 to decide petitioner's representation dated 24th February, 2025 within a period of eight weeks, strictly in accordance with law, after affording an opportunity of personal hearing of the petitioner as well as the private respondents, by way of a speaking order. With the above direction, the writ petition is disposed of. (GAURANG KANTH, J.) mg