WPA/14856/2024 of MANIK LAL KAR MAHAPATRA Vs THE STATE OF WEST BENGAL AND ORS. on 17 July 2026

1. This is an assigned writ petition.

2. Affidavit of service filed in Court today is taken on record.

3. Last order dated February 27, 2026 speaks for itself.

4. Rest of the respondents are not represented.

5. Petitioner alleges unauthorized construction at the behest of the private respondent no. 8. Petitioner has submitted a representation dated

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November 22, 2023, annexure P-3 at page 33 to the writ petition before the Chairman of the concerned Municipality and the same has not yet been disposed of.

6. In view of the above, the respondent no. 3 who is the Chairman upon issuing a prior hearing notice of at least seven days to the petitioner and the private respondent no. 8 and after granting them an opportunity of hearing shall dispose of the said representation dated November 22, 2023 at page 33 to the writ petition by passing a reasoned order in accordance with law.

7. The entire exercise shall be carried out by the Chairman of the concerned Municipality positively within six weeks from the date of communication of this order. The reasoned order then shall be communicated to the petitioner and the private respondent no. 8 positively within a week from the date of the said reasoned order to be passed.

8. It is made clear that, this order shall be restricted only in the event of alleged unauthorized and illegal construction and not on any other form of encroachment.

9. It is made clear that, this Court has not gone into the merits of the rival contentions of the parties and the parties shall be at liberty to urge all their points before the Chairman of the concerned Municipality.

10. In the event, the reasoned order confirms existence of any unauthorized and illegal construction on the subject land, the jurisdictional Municipal authority shall take all consequential steps to remove such illegal and unauthorized construction, if any, but strictly in accordance with law

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but positively within six weeks from the date of the said reasoned order to be passed.

11. In the event, any Police assistance is required, the jurisdictional Municipal authority shall ask for the same before the jurisdictional Police authority when the jurisdictional Police authority shall provide all necessary assistance in accordance with law.

12. It is made clear that, other than alleged illegal and unauthorized construction the Municipality shall not look into any allegation of encroachment, which is otherwise a civil dispute.

13. This order shall not create any right or equity in favour of the petitioner if the petitioner is found otherwise not eligible in support of her prayer, in accordance with law.

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

15. With the above observations and directions, this writ petition being W.P.A. 14856 of 2024 stands disposed of, without any order as to costs.

30. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)