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Calcutta High CourtWPA/611/2025disposed

Shri.C.H.Babu Rao v. The Honble Lt.Governor And ORS.

2025-12-17Hon'Ble Justice Shampa Dutt (Paul)3 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/611/2025 Shri C. H. Babu Rao Vs The Hon'ble Lt. Governor and Others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Rakesh Kumar ... for the respondents December 17, 2025 [AKB] Item No.9 1.

Affidavit-of-service filed be kept with the record. The writ application has been preferred praying for setting aside the Order No. 7359 dated 04.11.2019, Order No. 7508 dated 11.11.2019 passed by the respondent No. 4 whereby directed demolition of the portion of the petitioner's building which is allegedly in violation of sanction plan and the Order No. 297 dated 04.03.2020 passed by the respondent No. 3 (Appellate Authority) whereby affirmed the Order dated 11.11.2019 passed by the respondent No. 4, the Order dated 21.05.2025 passed by the respondent No. 1 in the second appeal filed by the petitioner, (though the order was not communicated to the petitioner) and the Order No. 4807 dated 08.12.2025 passed by the respondent No. 4 whereby directed the Executive Engineer (Works) to start demolition of the portion of the said building on and from 18.12.2025 and all consequent order/orders passed on the basis of the same.

2.

The learned counsel for the respondent/administration has placed copies of the relevant documents before the Court

today and has served the copy of the said documents upon the learned counsel for the petitioner in Court.

3.

It is the contention of the petitioner that it is on receiving the copy of the order No. 4807 dated 08.12.2025/04.12.2025 that the petitioner has become aware that the second appeal has been rejected on 21.05.2025. It is further submitted that the petitioner has not been provided with a copy of the said order dated 21.05.2025 passed in the second appeal. 4.

Learned counsel for the respondent authorities submits that, the letter dated 08.12.2025/04.12.2025 itself is a notice to the petitioner that the second appeal has been disposed of on 21.05.2025.

5.

No documents could be produced to show that the order has been served upon the petitioner prior to the service of the order dated 08.12.2025/04.12.2025.

6.

It is submitted by the learned counsel for the petitioner that he has received a copy of the order dated 21.05.2025 disposing of the second appeal in Court today, for the first time and submits that he can rightfully challenge the same before the appropriate forum and for which he prays for an accommodation.

7.

As the order No.4807 dated 08.12.2025/04.12.2025 has been passed on the basis of the order dated 21.05.2025 passed in second appeal, which has been served upon the learned counsel for the petitioner only today, this Court directs that the petitioner shall be at liberty to challenge the order passed in second appeal dated 21.05.2025, before the appropriate forum

within thirty days from the date of this order. The period of limitation, if any, is accordingly extended.

8.

Considering that the order dated 21.05.2025 passed in second appeal was not within the knowledge of the petitioner and on the basis of the said order, the impugned order dated 08.12.2025/04.12.2025 being No. 4807 was passed, the order No. 4807 dated 08.12.2025/04.12.2025, if permitted to remain shall be against the principle of justice and also an abuse of process of law/Court.

9.

Accordingly, the said order is suspended for a period of thirty days from the date of this order. It is made clear that in case the petitioner challenges the order dated 21.05.2025, the order No. 4807 dated 08.12.2025/04.12.2025 shall stand quashed and set aside.

10.

In case the petitioner does not challenge the order dated 21.05.2025 passed in second appeal within thirty days from the date of this order, the order of suspension in respect of order No.

dated 08.12.2025/04.12.2025 shall stand automatically vacated and the authorities concerned shall be at liberty to proceed in accordance with law. 11.

The writ petition is accordingly disposed of along with all connected application, if any.

12.

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

[Shampa Dutt (Paul), J.]