Bapi Adhikary v. Kolkata Municipal Corporation And ORS.

11.06.2026 Ct. 3 Item No.

AD 38 Saswata WPA 12008 of 2026 Bapi Adhikary

Versus

The Kolkata Municipal Corporation & Ors.

Mr. Partha Sengupta Mr. Biswarup Sengupta ...For the petitioner Ms. Manisha Nath ...For the KMC

1. Affidavit of service filed in Court today is retained with the record.

2. Challenging a stop work notice dated 16th May 2026 issued by the municipal authorities in respect of the construction being carried on at B/18/H/4, Barwaritala Road, Borough-III, Kolkata - 10, the petitioner has rushed to this Court and has filed the instant petition within 6 days from the date of issuance of the stop work notice. The petition also does not contain any demand for justice.

3. It is not in dispute that construction work was going on when the stop work was issued, though it is claimed that the same was only repair work. No statement has been made that the work that was being carried out was as per sanctioned plan.

4. The petitioner could not explain the circumstances as to why the petitioner seeks to challenge the aforesaid stop work notice. The learned advocate for the petitioner submits that apprehending demolition at the instance of the municipality, the instant writ petition has been filed.

5. In my view, apprehension of the petitioner is entirely unfounded as the notice is only for stop work, the writ petition appears to be speculative. Further no writ of mandamus can be issued without there being a demand for justice.

6. Accordingly, the writ petition stands dismissed with a cost of Rs.10,000/- to be paid to the respondents.

(Raja Basu Chowdhury, J.)