OD-22 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/443/2025 BURRABAZAR PROGRESSIVE TRADERS ASSOCIATION AND ANR -VS- THE KOLKATA MUNICIPAL CORPORATION AND ORS BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date: August 7, 2025. Appearance: Mr. Aurin Chakraborty, Adv. Mr. Amal Kumar Saha, Adv. Mr. Iressh Paul, Adv. …for the petitionersS Mr. Alak Kumar Ghosh, Adv. Mr. Gopal Chandra Das, Adv. Ms. Ananya Das, Adv …for KMC Mr. Mihir Kundu, Adv. …for the State of W.B. The Court: The petitioners have preferred the present writ petition seeking a direction upon the respondent no.4 to remove the concrete garden pots installed by them on the footpath of Burrabazar and to further clear the said footpath for unhindered pedestrian movement at Burrabazar. It is the case of the petitioners that in the year 2024, the respondent no.4 installed several concrete garden pots on the footpath, thereby creating obstructions to the pedestrian use. The area in question is already severely congested, and the installation of these concrete structures has further worsened the situation and movement of the pedestrian in the said area. The petitioners had earlier approached this Court by filing a writ petition 2 being no. WPO/133/2024 wherein this Court vide order dated 13th March, 2024, restrained the respondent authority from making any further installation of such garden pots on the footpath. The Court further directed the Commissioner concerned to review the entire issue of making such construction of concrete flower pots encroaching upon the footpaths in and around the Burrabazar area and passing it off as garden. Pursuant to the said order, learned counsel for the respondent states that no further installation has taken place. However, the respondent/ authority has neither removed the existing concrete structure from the footpath nor has ensured free pedestrian movement in the said area. Despite the petitioners making several representations, the respondents have failed to act upon the same. Learned counsel for the petitioners further states that he had received a communication from the Kolkata Municipal Corporation by a letter dated 12th July, 2024 wherein he has been informed that the appropriate concerned department for the said issue is the Parks and Squares Department and that his representation has duly been forwarded to the said department for necessary action. Learned counsel for the petitioners further submits that the petitioners had made another representation before the said department vide letter dated 13th September, 2024 but till date no action or any decision has been taken on the said representation. Learned counsel for the respondent nos. 1 to 4 states that the authorities are ready and willing to decide the petitioners’ representation in 3 terms of the order passed by this Court in WPO/133/2024 within a period of five weeks. Learned counsel for the petitioners states that the petitioners shall be satisfied if the same is decided within the time specified by the Corporation. In view of the submissions made by the counsel for the parties, this Court directs the respondent no.4 to decide the petitioners’ representation dated 13th September, 2024 within a period of five weeks, strictly in accordance with law and in terms of the observations made by this Court in WPO/133/2024, after affording an opportunity of hearing to the petitioners, by way of a speaking order. With the above directions, the present writ petition is disposed of. As no affidavits have been exchanged, allegations contained in the present writ petition are deemed not to have been admitted. (GAURANG KANTH, J.) sp3