Shri.Dinesh Mohan Singh v. The Secretary And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/503/2025 Shri Dinesh Mohan Singh Vs.

The Secretary and another Ms. A.S. Zinu ...

for the petitioner Mr. Rakesh Kumar ...

for the respondents November 04, 2025 [SR] Item No. 9 The appeal is pending before the Hon'ble Lieutenant Governor, A & N Islands against an order of demolition. The petitioner apprehends that the municipal authority will demolish the structure, before the appeal is disposed of. It is submitted that a notice was sent once again, during the pendency of such appeal. Hence, aggrieved by the notice dated October 30, 2025, this writ petition has been filed. The petitioner has been asked to furnish a certified copy of the stay order obtained from a competent authority, failing which it would be presumed that there was no impediment on the part of the municipal authority in demolishing the structure.

In my view, there is an appellate forum and the petitioner has approached the appellate authority. The right of appeal of the petitioner is a statutory right and the said right cannot be taken away by any threat or coercion. If the demolition takes place prior to the disposal of the appeal, the appeal will become infructuous. Thus, the municipal council shall not use any coercive measures till the appeal is disposed of. The parties are

granted liberty to approach the appellate authority seeking expeditious disposal of the appeal.

The writ petition is disposed of accordingly. As no affidavit-in-opposition has been called for, the allegations made by the petitioner are deemed to be denied. Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )