WPA/6786/2025 of TANUJA DAS Vs HOWRAH MUNICIPAL CORPORATION AND ORS. on 9 September 2026

1. Affidavit-of-service filed in court today is taken on record.

2. The present writ petition has been filed praying for the following relief: “A Writ in the nature of Mandamus commanding the Respondents their men, agents, subordinates and each one of them particularly respondent nos. 2 to 4 herein into forthwith take steps to demolish the construction deemed to be unauthorized in terms of the grievances made by the petitioner vide written representation dated 24th May, 2024.”

3. Mr. Brahma, learned Advocate appearing for the petitioner, submits that the petitioner is one of the joint owners and occupiers of the property situated at Premises No. 33/1, Ram Charan Sett Road, P.S. Chatterjeehat, District – Howrah, PIN – 711 104. He submits that respondent no. 7 has made unauthorized construction over the property without leaving the statutory space and without obtaining any sanctioned plan and/or necessary permission from the Howrah Municipal Corporation (in short, “HMC”). The petitioner made a representation dated 24th May, 2024 before the HMC. However, despite receipt of such representation from the petitioner, no effective steps have been taken till date. Given this situation, the petitioner has preferred the present writ petition. Mr. Brahma submits that the petitioner would be satisfied if the matter is remitted to the concerned authority of the Municipal Corporation with a direction to consider the petitioner’s representation and the claim raised therein.

4. Ms. Sinha, learned Advocate appearing for the HMC, submits that if the matter is relegated to the HMC with a direction to consider the representation of the petitioner, she will not stand in the way.

5. Ms. Ghosal, learned Advocate appearing for respondent no. 7, submits that if the matter is relegated to the HMC for consideration of the petitioner’s representation, she would have no objection.

6. Having regard to the facts and circumstances of the case and taking note of the respective stands of the parties, the present writ petition is disposed of by directing the Executive Engineer, Building Department, Howrah Municipal Corporation (respondent no. 4 herein), to consider and dispose of the petitioner’s representation dated 24th May, 2024, in accordance with law, after affording an opportunity of hearing to the petitioner as well as respondent no. 7. If, upon such consideration, respondent no. 4 finds substance in the grievance raised by the petitioner in the said representation, he shall take appropriate steps in accordance with law. However, if respondent no. 4 finds that the petitioner’s claim lacks merit, a reasoned order shall be passed and the same shall be communicated to the petitioner. The entire exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order.

7. With these observations and directions, WPA 6786 of 2025 is disposed of.

8. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall be deemed to have not been admitted by the respondents.

9. There shall be no order as to costs.

10. Let urgent Photostat certified copy of this order be made available to the parties, if applied for, upon compliance of usual formalities.

(Partha Sarathi Chatterjee, J.)