02.07.2026 Ct. 3 Item No. AD 31 Saswata WPA 14413 of 2026 Shrimati Manimala Mukherjee Versus Midnapore Municpality & Ors. Mr. Rabindranath Mahato Mr. Aritra Shankar Roy …For the petitioner Mr. Sujay Bandyopadhyay Mr. Subhamoy Dutta …For the Mindapore Municipality 1. Affidavit of service filed in Court today is retained with the record. 2. The matter is taken out of turn as the learned advocate appearing for the petitioner would submit that the interim order is due to expire on 5th July 2026. 3. The municipality is represented and has filed a report dated 30th June 2026 in Court duly counter signed by the Chairman of the municipality. 4. From the aforesaid report it would transpire that though a demolition proceeding was initiated by the municipality vide order dated 6th May 2022, however, such order was challenged by filing a statutory appeal under Section 218(3) of the West Bengal Municipal Act, 1993 before the Court of Learned Civil Judge (Jr. Div), 2nd Court), Paschim Medinipore in J. Misc. Case no. 49 of 2022 and the Learned Trial Judge has already passed an order of injunction granting stay of operation of the above order dated 6th May 2022. The said order is still subsisting. 5. The learned advocate appearing for the petitioner has, however, placed before this Court a certified copy of 2 the order dated 17th May 2022 and submits that the interim order passed by the Learned Trial Judge in J. Misc. Case no. 49 of 2022 has been made absolute till final disposal of the J. Misc. Case no. 49 of 2022. 6. According to him, the aforesaid order is still subsisting. Let a copy of the order sheet as placed before this Court is retained with the record. 7. Having regard to the above disclosure, I am of the view that the municipality ought not to have proceeded with the demolition programme. Accordingly, the demolition programme initiated by the municipality shall remain stayed till disposal of the J. Misc. Case no. 49 of 2022 or until further orders as may be directed by the Learned Civil Judge (Jr. Div), 2nd Court, Paschim Medinipur in J. Misc. Case no. 49 of 2022. 8. Since, no other issues survive in the writ petition, the same is accordingly disposed of. 9. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)