Gokul Kumar Kotwala v. State Of West Bengal And ORS.

25.04.2025 W.P.A. 8097 of 2025 Item No.160 Ct. No.35 dc.

Gokul Kumar Kotwala versus State of West Bengal & Ors.

Mr. Debabrata Saha Roy, Sr. Adv., Mr. Pingal Bhattacharyya, Mr. Neil Basu, Mr. Sankha Biswas ... For the Petitioner.

Ms. Sonal Sinha, Ms. Ashmita Chakraborty, Mr. Sandipan Das ... For the State.

Mr. R. Chowdhury, Mr. A. Santra ... For the Respondent Nos. 8 & 9.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that in spite of the civil court's direction, the Municipality was proceeding with the demolition work.

Subsequently, the order of demolition has been withdrawn by the Municipality vide its order dated 11.04.2025. However, still the demolition work is being carried out in spite of withdrawal of the order by the Municipality.

State has submitted a report which reflects that by a communication dated 11.04.2025, the Municipality has for the time being restrained any demolition work.

In view of the aforesaid, the police authorities would only restrict themselves to oversee that no

demolition work is carried out in respect of the premises referred to in the writ petition in terms of order of the civil court. So far as the other issues are concerned, the parties would contest the same before the jurisdictional civil court.

With the aforesaid observations, the writ petition being WPA 8097 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)