26.06.2025. Item No. 33. Court No. 13 sp M.A.T. No. 690 of 2025 With I.A. No. CAN 1 of 2025 Abhishek Roy & Ors. Versus Dibaskar Saha & Ors. Mr. Pratip Kumar Chatterjee, ld. Sr. Adv. Mr. Ahish Deb, Mr. Sandip Ray, Ms. Maitrayee Chatterjee. …For the appellants. Mr. Prantick Ghosh, Ms. Shrawani Ghosh. …For the respondent no. 1. Mr. Gausul Alam, Ms. Payel Mitra. ..for the State. Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey. ..for the Bidhannagar Municipal Corporation. 1. The instant appeal is directed against an order dated 22nd April, 2025 passed by a Single Bench of this Court. 2. The facts relevant to the appeal are an unauthorized and illegal construction of a temple by the appellants. It is an admitted position that the construction is without sanction or authority from the Bidhannagar Municipal Corporation. 3. In an earlier writ petition, filed by a person aggrieved with the construction, being WPA 23133 of 2019, a Single Bench of this Court directed demolition of the temple structure for want of sanction plan and authority, vide its order dated 17th May, 2023. On an appeal against the said order, being MAT 1022 of 2023, the Division Bench directed the Municipal Commissioner of the Bidhannagar Municipal Corporation to pass a speaking order after affording an opportunity of hearing all parties including the appellants. 4. The Municipal Commissioner took up the hearing and passed a reasoned order comprising in well over 25 pages, inter alia, holding that there was a dispute as to how long ago the idols existed thereat. Admittedly, it was found by the Municipal Commissioner that the idols of the deities were kept under a banyan tree and local people, offered prayers thereunder. The Municipal Commissioner ordered the idols to remain where they are but has directed demolition of the temple structure that was constructed unilaterally by the appellants. 5. Learned counsel for the appellants would argue that challenging the order of the Municipal Commissioner dated 17th October, 2023, there is a civil suit pending being T.S. 111 of 2023 before the learned Civil Judge (Jr. Division), 1st Court at Barasat (Abhishek Roy & Ors. Vs. The Mayor, Bidhannagar Municipal Corporation). Admittedly, there is no injunction as yet passed in the said civil suit. In any event, the finding of the Single Bench that a civil 2 proceeding cannot stand in the way of execution of statutory duties by the Municipal Corporation, cannot be faulted. 6. For the reasons stated hereinabove, this Court finds no reason whatsoever to interfere with the impugned order. The Bidhannagar Municipal Corporation shall carry out demolition as ordered and ensure that the idols remain under the banyan tree in question. 7. With the aforesaid observations, MAT 690 of 2025 shall stand dismissed. 8. Consequently, CAN 1 of 2025 shall stand disposed of. 9. There shall be no order as to costs. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) 3