Shri. Sandeep Singh v. The Secretary And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/26/2026 Shri Sandeep Singh Vs.

The Secretary and Others Mr. Alisham Venkatesh ... for the petitioner Mr. Rakesh Kumar ... for the respondent no.1 Ms. Babita Das ... for the respondent no.2 Mr. Gopala Binnu Kumar ... for the respondent no.3 February 06, 2026 [SR] Item No.21 Read order dated February 03, 2026.

The case involves alleged unauthorized construction at the instance of the respondent No. 3. The writ petitioner is not the complainant before the municipal authority. I do not see what locus standi the writ petitioner has to maintain this petition. However, since alleged unauthorized construction is an issue, I had requested learned advocates for the municipality as well as the respondent No. 3 to obtain necessary instructions. Today, learned advocates for the respondent No. 1 and respondent No. 3 tell me that the respondent No. 3 has preferred a statutory appeal with a prayer for condonation of delay and stay of operation of the demolition order before the first appellate authority being the Deputy Commissioner, South Andaman ( the respondent No. 2) herein.

I direct the respondent No. 2 to dispose of the appeal preferred by the respondent No. 3, if the appeal is admitted upon condonation of delay, within a period of twelve weeks. Since the respondent No. 2 is represented by the learned

advocate, there is no necessity to communicate this order to the said respondent. Needless to say that the respondent No. 2 shall pass an informed order in accordance with law, observing the principle of natural justice and after giving opportunity of hearing to all concerned parties.

In the event, the respondent No. 2 dismisses the appeal and the demolition order in question stands affirmed, the municipality shall take steps for implementation of the demolition order after the period granted for preferring second statutory appeal expires and no appeal is filed and no stay order is passed within that period.

In the event, the appeal succeeds, naturally there will be no demolition order to be implemented.

I make it clear that I have not entered into the merits of the case in the sense I have not considered whether or not the construction in question is authorized or not. The respondent No. 2 shall decided the issue in the proceeding pending before him.

WPA/26/2026 is disposed of, accordingly.

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

( Arijit Banerjee, J. )