Judgment · High Court
Case at a glance
Outcome
Disposed of
petition is disposed of
Provisions considered
Key paragraphs
- Para 99. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.) 3
Judgment
Mr. Sandipan Banerjee Mr. Ankit Sureka …… for the HMC
The affidavit-of-service filed in Court today is taken on record.
Mr. Banerjee learned advocate representing the petitioner by placing before this Court the affidavit-of- service would submit that the private respondent is avoiding service.
It is the petitioner’s case that the private respondent has been carrying out illegal construction at premises Nos. 21/1 and 22/2 Ananda Kumar Raychoudhury, P.S.- Shibpur, District-Howrah, PIN-711102.
According to the petitioner, although a complaint has been lodged with the municipal authorities and though the municipal authorities had invited the petitioner for hearing, the petitioner has been kept in the dark as regards the outcome of such proceedings.
In this context, Mr. Banerjee relies on a complaint lodged and the notice issued by the municipal WPA 4823 of 2026 authorities dated 4th December, 2025 and 5th January,
Mr. Banerjee, learned advocate appears for the municipality. He submits that he is yet to receive instructions in the matter.
Having heard the learned advocates appearing for the respective parties and noting that the municipality has already been taken cognizance of the complaint lodged by the petitioner as would corroborate from the notice dated 4th December, 2025 and 5th January, 2026 issued by the municipality, I am of the view that it shall be prudent at this stage to direct the municipality to dispose of the proceedings already initiated by them by passing a reasoned order unless the same has already been disposed of.
It is, however, made clear that in the event, the proceedings has been disposed of, the petitioner shall be communicated as regards the outcome thereof. It is also made clear that if the municipal authorities are the view that any illegal construction has commenced at the behest of the private respondent, appropriate proceedings under the provisions of Section 177 of the HMC Act 1980 shall be initiated and the same shall be brought to a logical conclusion as expeditiously as possible. The entire process shall be completed within a period of 12 weeks from the date of communication of this order. 2 WPA 4823 of 2026
Operative part
With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.) 3
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.