25.03.2025 Item No.18 gd/ssd WPA(P)/44/2025 SUMANA BISWAS AND ORS. VS THE STATE OF WEST BENGAL AND ORS. IA NO: CAN/1/2025 Mr. Kamalesh Jha, Ms. Nabanita Chatterjee ..for the Petitioners. Mr. Sk. Md. Galib, Mr. Abu Siddiqui Mallick ..for the State. Mr. Anjan Bhattacharya, Ms. Shreyeta Mitra ..for the Applicants. Re: CAN 1 of 2025 1. This application has been filed by eight petitioners for recalling and/or modifying the order dated 27.2.2025. One of the grounds raised is that the eight petitioners have never signed the Vakalatnama to file the writ petition and they alleged that their signatures have been forged and fraud has been committed. 2. Since this allegation is a very serious allegation, the same has been gone into and, therefore, we grant leave to the writ petitioners to file their affidavit-in-opposition as well as the official respondents, if they choose to do so. 3. The learned advocate for the applicants would submit that he has obtained leave from this court to file 2 another application at the instance of the persons against whom action for demolition of the super- structure have been taken by the authority without issuing notice. 4. As could be seen from the order dated 27.2.2025 while disposing of the writ petition, no positive direction was issued bearing in mind that the persons who were alleged to have put up illegal construction were not impleaded as respondents in the writ petition. 5. However, direction was issued to the respondent no.5 in the writ petition to immediately stop the illegal construction and thereafter issue notice to the persons concerned and proceed to take action in accordance with law. 6. It is submitted by the learned counsel for the applicants that the authority without notice has demolished nearly 60% of the building and further demolition is likely to take place at 10.30 a.m. tomorrow (26.3.2025) and prays for necessary protective orders. 7. Mr. Galib, learned Government counsel submits that he may be granted reasonable time to get necessary written instructions in this regard from the authority. 8. As mentioned above, this court did not pass any order for demolition of any super-structure but 3 directed to stop the illegal construction since the authority came to the conclusion that illegal constructions are being put up. The further direction was to issue notice as to the persons concerned and proceed to take action in accordance with law. 9. Therefore, the authorities could not have used the order passed by this court as if a direction to demolish and if the authorities have understood the order to be one such direction, it is a misunderstanding of the direction issued. 10. Therefore, the authorities are directed to keep in abeyance any further demolition process till this application is heard out as well as the three other applications filed by the persons who are not parties as the respondents in the writ petition for whom to leave was granted today (25.3.2025) to file those applications. 11. As soon as these applications are numbered, the same shall be tagged along with CAN 1 of 2025 in WPA(P) 44 of 2025. 12. List this matter on 8th April, 2025. (T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)