Md. Ashique v. State Of West Bengal And ORS.
19.11.2025 sb Ct.3.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25920 of 2025 Md. Ashique
Versus
The State of West Bengal & Ors.
Mr. Anindya Bose Mr. Santanu Maji Mr. Mridul Biswas Ms. Raima Das Mr. Subhrangsu Maity ... For the petitioner.
Mr. Alok Kumar Ghosh Mr. Fazlul Haque Ms. Ina Bhattacharyya ... For Kolkata Municipal Corporation Mr. Anand Farmania Ms. Indumouli Banerjee ... For the State.
1.
Affidavit of service filed in Court is taken on record.
2.
The present writ petition has been filed inter alia challenging the notice dated 10th November, 2025, whereby the respondent no.6 had notified the owners and occupiers of premises no. 7/10, Rai Charan Pal Lane, Ward - 59, Br.-VII that steps would be taken in furtherance of the order dated 29th January, 2024 issued under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 for demolition of the unauthorized structure in the above premises.
3.
Upon hearing the learned advocates appearing for the respective parties I find that the order dated 29th
WPA 25920 of 2025 January, 2024 passed by the respondent no.5 has already been set aside by an order dated 30th August, 2024 passed in WPA 18134 of 2024. Accordingly, there is no scope to proceed with the demolition proceeding on the basis of the aforesaid order.
4.
Mr. Ghosh, learned advocate representing Kolkata Municipal Corporation would submit that inadvertently the aforesaid notice has been issued. Steps are being taken to proceed in compliance with the directions passed by the Coordinate Bench of this Court on 30th August, 2024 in WPA 18134 of 2024.
5.
In the light of the above, the notice dated 10th November, 2025 is quashed, leaving it open to the municipal authorities to take appropriate action in accordance with law in terms of the order dated 30th August, 2024.
6.
With the above observations and directions, the writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.
(Raja Basu Chowdhury, J.)