Tarique Shakeel And ANR v. Kolkata Municipal Corporation And ORS

OD -1 WPO/552/2025

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE TARIQUE SHAKEEL AND ANR.

-VERSUSKOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date: 25th July, 2025 Appearance:

Mr. Raghunath Chakraborty, Adv.

Mr. Supratik Shyamal, Adv.

Ms. Sonali Sengupta, Adv.

...for the petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

...for the KMC.

The Court: It is the grievance of the petitioners that following the order dated May 13, 2024, passed by a Co-ordinate Bench in WPO/407/2024, Kolkata Municipal Corporation is going to demolish the relevant building invoking Section 400(8) of the Kolkata Municipal Corporation Act, 1980.

Mr. Raghunath Chakraborty, learned Advocate appearing for the petitioners, submits that since the learned Judge granted 12 weeks time to complete the proceedings, it must be inferred that the learned Judge desired the Corporation to invoke Section 400(1) of the Kolkata Municipal Corporation Act, 1980, and not Section 400(8).

I am of the view that this clarification should be sought for from the learned Judge who passed the order dated May 13, 2024. Accordingly, WPO/552/2025 is dismissed.

The petitioner will be at liberty to file appropriate application. (KAUSIK CHANDA, J.) sg.