Bharati Jana v. Md. Ashraf Uddin The Executive Eng Civil Building Borough V K M C

S/L 31 14.05.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION CPAN 1714 of 2024 In WPA 1064 of 2024 Bharati Jana Vs.

Md. Ashraf Uddin Mr. Shamik Bagchi Mr. Mostifijur Rahaman Mr. Dilip Kumar Mandal ... for the Petitioner.

Ms. Piyali Sengupta Mr. Debanjan Mukherjee ... for the Alleged Contemnor.

1.

Perused the report dated May 11, 2026 signed by the Executive Engineer (Civil), Building Department, Borough-I, Kolkata Municipal Corporation which mentions that the Kolkata Municipal Corporation passed order under Section 400(8) of the Kolkata Municipal Corporation Act, 1980 on March 9, 2024 vide MIC Item No. M-41.93. The order in the writ petition was passed by the Court on April 30, 2024.

2.

It appears that the respondent authorities disposed of the proceeding under Section 400 Kolkata Municipal Corporation Act by invoking the provision of Section 400(8) of the Act.

3.

Report mentions that a civil suit being Title Suit No.113 of 2024 has been filed before the learned Civil Judge (Junior Division), Sealdah and an order of injunction has been passed by the Court. The report also mentions that in view of the interim order of

injunction, the demolition programme has been kept in abeyance.

4.

As it appears that the authority has taken steps to conclude the proceeding under Section 400 of the Act, accordingly, there is no requirement of proceeding with the contempt application any further. The same stands disposed of.

5.

It will be open for the petitioner to approach the competent forum for remedy in accordance with law, if so advised.

6.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Amrita Sinha, J.)