Gautam Sinha v. The Kolkata Municipal Municipal Corporation And ORS.

OD-09 WPO/832/2025

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION Gautam Sinha

Versus

The Kolkata Municipal Corporation & Ors.

Before:

The Hon'ble Justice RAJA BASU CHOWDHURY Date: 20th January 2026 Appearance:

Mr. Somnath Chattopadhyay, Advocate for the petitioner Mr. Alak Kr. Ghosh, Advocate Mr. Swapan Kr. Debnath, Advocate for the KMC Ms. Manisha Nath, Advocate Mrs. Sonali Sengupta, Advocate for the respondent nos. 4 & 5 The Court: 1. The petitioner claims to have received a notice of hearing dated 28th August 2025 without the service of the copy of the complain letter, though the notice informs that a hearing shall be held in connection with the complaint made by the private respondent.

2. According to the learned advocate appearing on behalf of the petitioner, in absence of the disclosure of the copy of the complaint, the petitioner shall not be in a position to appropriately respond. Though a representation in this regard had been made by the petitioner on 13th October 2025, the same was not responded to by the municipal authorities. Hence, the present writ petition has been filed.

3. Both the private respondent and the municipal authorities are represented in Court today.

4. Having heard the learned advocates appearing for the respective parties and noting that a notice of hearing was served on the petitioner without disclosing the materials based on which the hearing would take place, I am of the view that the matter requires intervention of the Court. Obviously the petitioner could not have attended the hearing without being served with the relevant complaint based on which the hearing was scheduled. Be that as it may, taking into consideration the notice of hearing dated 28th August 2025 which was supposed to be held in the Chamber of A. C. (North) on 16th October 2025, I am of the view that without going into any controversy at hand it shall be prudent, at this stage, to direct the municipal authorities to disclose all the documents in relation to the complaint and other documents that the municipality wishes to rely on for the petitioner to make an appropriate response at the time to hearing.

5. Accordingly the writ petition is disposed of by directing the municipal authorities to make over the documents as noted above to the petitioner and take a decision in relation to the complaint filed by the private respondent, unless the same has already been decided, upon granting opportunity of hearing to the parties in accordance with law and by passing a reasoned order.

(RAJA BASU CHOWDHURY, J.) R. Bose