Calcutta High Court
WPA(P)/448/2026 of SOMNATH DAS Vs STATE OF WEST BENGAL AND ORS. on 18 September 2026
Ct. No.1 Sl. No.6 KS IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. (P) 448 of 2026 SOMNATH DAS Versus THE STATE OF WEST BENGAL & ORS. Appearance: Mr. Amlan Jyoti Sengupta Mr. Raja Ram Banerjee ..…Advocate for the Petitioner Mr. D.
ORDER SHEET
WBCHCA0464812026
Ct. No.1
Sl. No.6
KS
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. (P) 448 of 2026
SOMNATH DAS
Versus
THE STATE OF WEST BENGAL & ORS.
Appearance:
Mr. Amlan Jyoti Sengupta
Mr. Raja Ram Banerjee ..…Advocate for the Petitioner Mr. D. N. Ray, Ld. G.P.
Mr. Susmita Saha Dutta, Ld. AGP
Mr. Guddu Singh
….Advocate For the State
Mr. Amales Ray, Sr. Adv.
Mr. Aman Gupta
Mr. Ishan Bhattacharya …..Advocate For the South Dum Dum Municipality CORAM: THE HON’BLE RAVINDRA VITHALRAO GHUGE, CHIEF JUSTICE
&
THE HON’BLE JUSTICE ARIJIT BANERJEE
Date: 18.09.2026
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Order
(Per Court).
:
1. We find that the pleadings contain mere allegations of unauthorized construction. No efforts have been taken by the
2 / 2 Petitioner, to place documents on record, which would indicate that the construction is without approved plans, approvals and the building permission. A roving enquiry cannot be conducted by the High Court on the basis of mere allegations.
2. Learned Advocate for the Petitioner submits, on instructions, that the Petitioner desires to withdraw this petition.
3. In view of the above, this Petition is disposed off as withdrawn, on instructions.
4. We make it clear that the issue of locus of the Petitioner is kept open.
(ARIJIT BANERJEE, J.) (RAVINDRA V. GHUGE) CHIEF JUSTICE