Rama Paul v. State Of West Bengal And ORS.

06.05.2026 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 29837 of 2024 Rama Paul

Versus

The State of West Bengal & Ors.

Mr. Sandip Ray ... For the petitioner.

Mr. Alok Kumar Ghosh Ms. Tanushree Dasgupta ... For Kolkata Municipal Corporation.

Mr. Sujan Chatterjee Mr. Suvadip Bhgattacharjee Mr. Rohan Bavishi ... For the respondent no.7 1.

Compliance report in terms of the order dated 1st April, 2026 filed in Court today by the municipality is taken on record.

2.

As would appear from such report that the municipality has removed the stalls/shop rooms illegally occupying the footpath adjacent to the petitioner's premises situated at 441/4, Upendranath Banerjee Road, Ward No. 131, Kolkata, excepting the shop room which is under the occupation of the respondent no.7, who has given undertaking before this Court to shift/remove the temporary structure/shop from the aforesaid place within a period of six months.

3.

In the light of the above, since an undertaking has been given that the respondent no. 7 that he shall remove

WPA 29837 of 2024 the shop, I am of the view noting survives in the present writ petition and the same is accordingly disposed of. 4.

The aforesaid order shall, however, not interfere with the rights of the respondent no.7 to carry on business from any other suitable place, in accordance with law after expiry of the period noted in the undertaking nor shall the same create any equity in favour of the respondent no.7 to carry on business on the footpath elsewhere.

(Raja Basu Chowdhury, J.)