Prahlad Roy @ Prollad Chandra Roy v. The State of West Bengal & Ors.
Case at a glance
Outcome
Disposed of
writ petition is disposed of
Provisions considered
Key paragraphs
- Para 55. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)
Judgment
Mr. Samiran Ghosh Mr. Rameshwar Sinha … For the petitioner. Mr. Joydip Banerjee Ms. Mousumi Banerjee Mr. Srijan Nayak Ms. Sanjukta Samanta Mr. Sandipan Banerjee Mr. Ankit Sureka … For the State … For Howrah Municipal Corporation. Mr. Rupam Ghosh … For the respondent no.8
Affidavit of service filed in Court is taken on record.
The present writ petition has been filed inter alia challenging the stop work notice dated 13th January, 2026, issued by the Howrah Municipal Corporation in respect of premises no. 1A, Andul Road, P.S. Sankrail, Howrah.
Having heard the learned advocates appearing for the respective parties and noting from the submissions made by Mr. Banerjee, learned advocate representing Howrah Municipal Corporation that in respect of selfsame premises a proceeding has already been initiated and by WPA 4651 of 2026 2 an order dated 12th March, 2024 a Coordinate Bench of this Court in WPA 28001 of 2023 had already directed the respondents to consider the representation made in such petition with regard to unauthorized construction only and not enter into or decide any private disputes between the parties therein and further noting as submitted by Mr. Banerjee, in furtherance to the aforesaid proceeding a stop work notice has been issued, I am of the view that there is no scope for this Court to interfere with the aforesaid stop work notice.
However, since a proceeding has already been initiated by the municipal authorities by issuing a stop work notice under Section 177 of the Howrah Municipal Corporation Act, 1980, it is only expected that the municipal authorities shall conclude such proceeding in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of communication of this order.
Operative part
With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition is disposed of
Which statutory provisions did this judgment involve?
Howrah Municipal Corporation Act, 1980 — s. 177.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.