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2025 DAILYLAW 3017 (CAL)

MD. ALI AZAD v. THE STATE OF WEST BENGAL AND ORS

WPO/711/2025 · 2026-06-23

Raja Basu Chowdhury

body2025

Judgment text

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OD-6 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/711/2025 MD. ALI AZAD VERSUS THE STATE OF WEST BENGAL & ORS. BEFORE: THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 23rd June, 2026. Appearance: Mr. Dyutiman Banerjee, Adv. Mr. Debjit Dutta, Adv. …for Petitioner Mr. Achintya Kr. Banerjee, Adv. Ms. Manisha Nath, Adv. …for KMC Mr.Saurav Ghosh, Adv. Mr. Sukanta Ghosh, Adv. Mr. Arghya Chatterjee, Adv. ...for State Mr. Sk. Md. Galib, Adv. Mr. Abu Siddique Mallik, Adv. …for Respondent Nos.12 & 13 1. Pursuant to the order dated 23rd December, 2025, the municipality has filed a report along with an order passed by the Special Officer (Building) dated 2nd June 2026. 2. From the aforesaid, it would transpire that in respect of premises No.4, Kalimuddin Sarkar Lane, Ward-34, Borough-III, the municipality did not note any construction, rather the municipality noted that the land is vacant. In so far as the premises No.5A, Kalimuddin Sarkar Lane, Ward-34, Borough-III, the municipality, having noted unauthorised construction without sanction, had taken steps against the person responsible. 2 3. According to the said report, a Co-ordinate Bench of this Court by an order dated 14th September 2022 passed in WPO/2524/2022 was pleased to direct the corporation authorities to promptly deal with the unauthorised construction. The report records that hearing took place in the office of the Executive Engineer on 22nd November 2025 and later further opportunity was provided on 2nd December 2025. Thereafter, the matter was placed before the Special Officer (Building) on 31st December 2025. 4. According to the disclosure made, the Special Officer has already passed a demolition order on 2nd June 2026 in Demolition Case No.34-D/III/25-26. 5. In the light of the above disclosure made in Court, I am of the view that nothing survives in the instant writ petition and the same is, accordingly, disposed of with a direction upon the municipal authorities to take the demolition order to its logical conclusion in accordance with law on an expeditious basis. 6. Let the copy of the report be circulated to the parties. (RAJA BASU CHOWDHURY, J.) sm