Item No.5

20.02.2026 Court. No. 7 GB CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI MAT 99 of 2025 With CAN 1 of 2025 In WPA 2295 of 2025 Naresh Roy VS The State of West Bengal & Ors.

Mr. Debasish Mukhopadhyay, Mr. Amritam Mondal, Mr. Anirban Banerjee, Mr. Soumyajit Laskar, Ms. Payel Chanda … for the Appellant.

Mr. Pretom Das, Mr. Abhishek Sen … for the Municipality.

Mr. Kamal Krishna Banerjee, Mr. Satyaki Basu … for the Respondent No.4.

Mr. Nabankur Paul, Mr. Pradip Sarkar … for the State.

1. We have considered the order impugned before us.

The appeal is directed against an order dated November 18, 2025, passed in WPA 2295 of 2025 by a learned Single Judge of this Court.

2. The writ petition was dismissed on the ground that the dispute between the parties appeared to be private in nature. We find that WPA 2295 of 2025 was filed on an allegation that the respondent no.4 had constructed the building without any sanction and by encroaching the road, which was contrary to the building rules. On the submission made by the respondent no.4 that the residential building had been constructed 30 years ago, the writ petition was dismissed by the learned Single Judge, inter alia, holding tha