Rakesh Khamaru And ORS. v. The State Of West Bengal And ORS.

20.08.2025 Item No. 736 Ct. No. 42 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 14980 of 2025 Rakesh Khamaru & ors.

vs.

State of West Bengal & ors.

Mr. Atanu Haldar ... for the petitioner Mr. Amitabrata Roy, ld. G.P.

Ms. Parna Roy Chowdhury Mr. Alok Banerjee ... for the State Mr. Soumen Bhattacharjee Mr. Ankur Das Ms. Shradhya Ghosh ... for private respondents Ms. Mekhla Sinha ... for Howrah Zilla Parishad

1. By the present writ petition, the petitioner challenges the demolition order passed by the District Engineer, Howrah Zilla Parishad.

2. Learned counsel appearing for the petitioner submits that the authority of the District Engineer to pass order of demolition is challenged in the writ petition. However the Hon'ble Division Bench in the contempt application being CPAN 903 of 2025 have already decided that the Howrah Zilla Parishad will not give any effect to the decision of the District Engineer and will proceed to hear and decide the issue by the

Hearing Officer. As such, nothing remains to be decided in the present writ petition.

3. By order dated 18.08.2025 in CPAN 903 of 2025, following observations have been made:

"6. In such circumstances, contempt petition is disposed of by recording that Howrah Zilla Parishad will not give any effect to the decision of the District Engineer dated February 24, 2025 and will proceed to hear and decide the issue, by the Hearing Officer in terms of the notice dated August 14, 2025."

4. In view of the above, the present writ petition being no. WPA 14980 of 2025 has become infructuous and is, accordingly, disposed of.

5. All connected applications, if any, stand disposed of.

6. Interim order, if any, stands vacated.

7. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)