Judgment : The Court : The petitioner in this WP under art.226 of the Constitution of India dated April 30, 2013 is seeking the following principal relief:- “a) A Writ of or in the nature of Mandamus commanding the respondents to make a spot enquiry considering the complaint, Annexure-“P-3” to this petition and upon such inspection to take steps in accordance with law.” Advocate for the petitioner has submitted that a copy of the complaint referred to in prayer (a) is at p.22 of the WP. He has said that the petitioner’s actual case is that the private respondent has encroached on his land. The document at p.22 is an undated letter of the petitioner addressed to the Chairman of Tarakeshwar Municipality in Hooghly. A seal on the document shows that it was received by the office of the Municipality on March 16, 2013. In the letter the petitioner alleged that the sanction the Chairman granted to one Kashinath Pal for erecting a building on his (Pal’s) one cottah land affected his land. The petitioner asked the Chairman to examine the matter for resolving the problem. No provision of the West Bengal Municipal Act, 1993 provides that a Chairman of a Municipality can resolve such a problem as the petitioner stated in his letter submitted to the Municipality on March 16, 2013. If what advocate for the petitioner says is really the case, then, instead of approaching the Chairman and then this Court, in my opinion, the petitioner ought to have moved the Civil Court; for the encroachment issue could not be decided by the Chairman or any other authority of the Municipality. I am, therefore, unable to accept the allegation of inaction making which the petitioner has approached this WP. For these reasons, the WP is dismissed. Nothing herein shall prevent the petitioner from questioning the sanction, if there are reasons to do that, in an appropriate manner, and also from approaching the Civil Court with the encroachment issue. No costs.