WPA/14286/2025 of MD MATLUBUR RAHMAN Vs STATE OF WEST BENGAL AND ORS. on 9 September 2026

1. The present writ petition has been filed seeking, inter alia, a direction upon the respondents, particularly the respondent Municipality, to cause a spot inspection with regard to the alleged unauthorized construction over the petitioner’s plot bearing no. 558 (L.R.), classified as Bastuvita, situated at J.L. No. 20, Mouza Dalkhola, P.S. Karamdighi, District Uttar Dinajpur, and to take necessary steps in accordance with law on the basis of the complaint lodged by the petitioner.

2. Mr. Hazra, learned advocate appearing for the petitioner, submits that the petitioner is the exclusive owner of the parcel of land comprised in Plot No. 558 (L.R.), situated at Mouza Dalkhola, J.L. No. 20, P.S. Dalkhola, District Uttar Dinajpur. It is submitted that the private respondents nos. 10 to 12 have been raising construction over the said plot without obtaining any sanctioned building plan or the requisite permission from the Municipality. It is further submitted that, in respect of the said property, the petitioner had instituted a suit before the competent civil court, which was registered as Title Suit No. 133 of 2016, wherein an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure was also filed. Pursuant thereto, an interim order was passed directing the parties to the said suit, namely, the petitioner and the private respondents herein, to maintain status quo with regard to the nature and character of the property in question. According to Mr. Hazra, notwithstanding the aforesaid order, the private respondents have continued to raise construction over the said plot. The petitioner, on several occasions, brought the aforesaid facts to the notice of the Municipality by submitting representations before the competent authority. However, no action was taken by the Municipality thereon. In such circumstances, it is submitted that, having been left with no other efficacious remedy, the petitioner has been constrained to approach this Court by filing the present writ petition.

3. He further submits that the petitioner would be seriously prejudiced unless the private respondents are restrained from making any further construction over the property in question and the municipal authority is directed to take appropriate steps for demolition of the unauthorized construction already raised thereon. He, however, submits that the petitioner would be satisfied if the concerned respondent is directed to consider the petitioner’s representation and take necessary steps thereon in accordance with law.

4. Mr. Ghoshal, learned Advocate appearing for the private respondents, opposes the submissions advanced on behalf of the petitioner and submits that, in view of the pendency of the civil suit, the petitioner ought to have approached the learned Civil Court for appropriate relief. He, however, submits that, if the matter is relegated to the concerned authority for consideration of the petitioner’s representation, he would have no objection thereto.

5. In view thereof, having heard the learned Advocates appearing for the respective parties and upon perusal of the materials on record, particularly having regard to the respective stands taken by the parties, the present writ petition is disposed of by directing the Chairman, Dalkhola Municipality, being respondent no. 6, to consider and dispose of the petitioner’s representation dated 19th March, 2025, upon affording an opportunity of hearing to the petitioner as well as the private respondents.

6. Upon such consideration, if respondent no. 6 finds substance in the petitioner’s grievance, he shall take appropriate steps in accordance with law. In the event the claim of the petitioner is found to be without substance, respondent no. 6 shall pass a reasoned order in that regard and communicate a copy thereof to the petitioner forthwith. Entire exercise shall be carried out within a period of eight weeks from the date of receipt of copy of this order.

7. With the aforesaid observation, the present writ petition is disposed of.

(Partha Sarathi Chatterjee, J.)