Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon’ble Justice Raja Basu Chowdhury WPA 5473 of 2025 Tapan Roy (Paul)

Versus State of West Bengal & Ors.

For the petitioner : Mr. Satrajit Sinha Roy For the State : Mr. Srijan Nayak Ms. Rituparna Maitra For the KMC : Mr. Alok Kr. Ghosh Ms. Manisha Nath Heard on : 17.02.2026. Judgment on : 17.02.2026 Raja Basu Chowdhury, J (Oral):

1. The matter has a chequered history. The petitioner had previously approached this Court by filing a writ petition which was registered as WPA no. 5647 of 2023. Such writ petition was dismissed by order dated 22^nd June, 2023. On an appeal being filed therefrom, the said appeal which was registered as MAT 1221 of 2023 was disposed of by order dated 8^th August, 2023, inter alia, by observing as follows:-

“… Being aggrieved, the writ petitioner is before us by way of this appeal.

We are unable to agree with the learned Single Judge that just because seven years or so have passed since the alleged unauthorized construction was made, no action can be taken against the same. An illegal construction does not become legal merely by passage of time. If the Corporatio