WPA/11527/2026 of ANSHUMAN JAISWAL AND ORS. Vs STATE OF WEST BENGAL AND ORS. on 17 July 2026

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

2. This is an assigned writ petition.

3. Mr. Sudip Ghosh Chowdhury, learned Advocate with Mr. Rameshwar Sinha, learned Advocate appears for the petitioners.

A. Roy, J.

4. Mr. S. T. Mina, learned Advocate appears for respondent no. 9.

5. Ms. Sohini Chakraborty, learned Advocate appears for respondent nos. 10, 11 and 13.

6. None appears for the rest of the respondents, despite notice.

7. This writ petition involves an alleged dispute with regard to an apartment which is governed under the West Bengal Apartment Ownership Act, 1972 (for short 1972 Act).

8. On perusal of the writ petition and after considering the rival submissions made on behalf of the parties, it appears that, several fact finding enquiry in the light of the existing records are required to be made while deciding the issue raised through the instant writ petition. The respondent no. 4 is the appropriate jurisdictional authority before whom the issue can be raised and adjudicated upon.

9. Fact finding enquiry is not the job of a writ Court where the alternative fact finding authority is provided under the statute.

10. In view of the above, following directions are made:

(a) The petitioner shall serve a copy of the complete set of this writ petition along with a copy of today’s order upon the respondent no. 4; (b) Respondent no. 4 upon receiving the said communication from the petitioner shall issue a

A. Roy, J.

hearing notice of at least 7 days prior to the date to be fixed for hearing upon the petitioners and respondent nos. 7 to 13;

(c) The hearing notice must mention the time and venue for the hearing.

(d) After granting an opportunity of hearing to the parties, as indicated above, the respondent no. 4 shall decide the issue in the light of the case made out in the writ petition and not beyond that and pass a reasoned order in accordance with law.

(e) The entire exercise shall be carried and completed by the respondent no. 4 positively within 4 weeks from the date of communication of this order.

(f) The reasoned order then shall be communicated to the parties indicated hereinabove positively within a further period of two weeks from the date of the said reasoned order to be passed.

11. It is made clear that, this court has not gone into the rival contentions of the parties and the parties shall be at liberty to urge whatever points they wish to urge before the respondent no. 4, but not beyond the case made out in the writ petition. The respondents shall also be at liberty to rely upon whatever documents and records and they wish to rely upon before the respondent no. 4.

A. Roy, J.

12. Parties shall file their respective written notes before the Respondent no. 4 immediately on conclusion of hearing.

13. It is made clear that, this order shall not create any right or equity in favour of the parties, if they are not eligible to their respective claims strictly in accordance with law.

14. Depending upon the reasoned order the appropriate and jurisdictional authority shall take all consequential steps strictly in accordance with law but positively within next four weeks from the date of the said reasoned order to be passed.

15. Since affidavits are not called for allegations made in this writ petition are deemed not to have been admitted by the respondents.

16. With the above observations and directions, this writ petition WPA 11527 of 2026 stands disposed of, without any order as to costs.

17. Parties shall act on the basis of the server copy of this judgment duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)