Calcutta High Court (Appellete Side)
Biplab Kayal vs The State Of West Bengal & Ors on 31 December, 2025
In the High Court at Calcutta
31st Dec.,2025
Item no.S/L 07
Court No. 07
Constitutional Writ Jurisdiction
Pradip, A.R.(Ct.)
Surojit, A.R.(Ct.) Appellate Side
Case No. WPA 30047 of 2025
In the matter of :
Biplab Kayal
.... Petitioner
VS.
The State of West Bengal & Ors.
....Respondents
For the Petitioner:
Mr. Billwadal Bhattacharyya, Sr. Adv. Mr. Koustav Bagchi Ms. Priti Kar Bagchi Mr. Tamoghna Pramanick ....Advocates For the State:
Mr. Swapan Kr. Datta, Ld. G.P. Mr. Jayanta Samanta Mr. Gourav Das ....Advocates For the Respondent nos. 8-10:
Mr. Chiranjib Sinha ....Advocates
1. Affidavit of service filed in Court today is taken on record.
2. Leave granted to the advocate on record of the respondent nos. 8-10 to file vakalatnama in the department by 2nd January, 2026.
3. Learned advocates for the parties are present.
4. Heard learned advocate for the parties.
5. Learned advocate representing the petitioner submits that the respondent no. 1 has arbitrarily proceeded against the Jhalda Municipality by show-cause notice dated 19th December, 2025 relying upon a mass Page 2 petition submitted by the residents of the said municipality.
6. Learned counsel for the petitioner further submits that the petitioner and the Jhalda Municipality were not given an opportunity of being heard and such coercive steps has been taken against the municipality.
7. Learned advocate representing the respondent nos. 8- 10 adopts the submission made by the learned advocate representing the petitioner.
8. Learned counsel representing the State respondents submits that under Section 431 of the West Bengal Municipal Act, 1993, the State Government is empowered to issue show-cause notice to the Board of Councilors and the Writ Court may not interfere with such show-cause notice, at this stage.
9. The reply to the show-cause notice has already been submitted by the said municipality.
10. Upon considering the facts of the case and relevant provision(s) of law, this Court is of the view that as the reply to the show-cause notice has already been submitted by the Jhalda Municipality, there cannot be any stay to the show-cause notice.
11. However, the respondent no. 1 is permitted to proceed with the said show-cause notice and make necessary enquiries but no steps shall be taken to pass any final order without the leave of this Court.
Page 3
12. Let affidavit in opposition be filed within a period of two weeks after reopening of this Court after the ensuing Christmas Vacation. Reply, if any, may be filed within a period of three weeks thereafter.
13. Let the matter be placed before the Regular Bench after the conclusion of the aforesaid time period.
14. All parties are to act on the basis of the server copy of this order, duly downloaded from the official website of this Court.
15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Biswaroop Chowdhury J.)