WPA/24699/2025 of SAPTARSHI SANYAL Vs KOLKATA MUNICIPAL CORPORATION AND ORS. on 8 September 2026

1. The present writ petition has been filed praying for the following relief: “A writ of /or in the nature of mandamus commanding the respondents to issue a writ of and/or in the nature of mandamus commanding the respondent Kolkata Municipal Corporation, its men, agent, subordinates to initiate demolition proceeding of the water tank constructed on the footpath adjacent to entrance of the premises no. 107B Arabinda Sarani, Kolkata -700005 forthwith.”

2. Mr. Bhattacharya, learned Advocate appearing for the petitioner, submits that the Kolkata Municipal Corporation (for short, “KMC”) has constructed a water tank in front of the petitioner’s building, as a consequence whereof the petitioner has been facing considerable inconvenience in accessing his building. He submits that, when the process of installation of the water tank commenced, he objected to such installation and submitted a representation dated 18th December, 2024. However, despite receipt of such representation, no steps have been taken in this regard. In such circumstances, the petitioner has been constrained to file the present writ petition. He submits that the petitioner would be satisfied if the concerned respondent is directed to consider the petitioner’s representation and address the grievance raised therein.

3. Mr. Nayak, learned Advocate appearing for the KMC, has submitted a report and opposes the submissions advanced on behalf of the petitioner. However, he submits that, if the matter is relegated to the concerned authority for consideration of the petitioner’s representation, he would have no objection.

4. In view thereof, having heard the learned Advocates for the parties, upon perusal of the materials on record and having regard to the stand taken by the respective parties, the present writ petition is disposed of by directing the Executive Engineer (C), Br-II, KMC, being the respondent no. 5 herein, to consider the petitioner’s claim raised in the representation dated 18th December, 2022 and in the letter of the learned Advocate for the petitioner dated 28th July, 2025, and to take a reasoned decision thereon after affording an opportunity of hearing to the petitioner. In the event the respondent no. 5 finds that the petitioner’s claim deserves to be accepted, necessary consequential steps shall be taken in accordance with law. In the event the

respondent no. 5 finds that the petitioner’s claim is devoid of merit, a reasoned order shall be passed and communicated to the petitioner forthwith.

5. Entire exercise shall be carried out within a period of eight weeks from the date of receipt of copy of this order.

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

(Partha Sarathi Chatterjee, J.)