12 07.07.2026 sayandeep Ct.3. WPA 11373 of 2026 Smt. Durga Show Versus The Howrah Municipal Corporation & Ors. Mr. Partha Pratim Ray Mr. Mr. Sayan Sinha Mr. Adil Naser MR. Kausheyo Roy … For the petitioner Ms. Sonal Sinha Mr. Ankit Surekha ….. for the HMC Mr. Sovan Mukherjee Ms. Sneha Chatterjee ….. for the State Mr. Manas Kumar Das Mr. Probal Das ….. for the respondent Nos. 9-11 1. The affidavit-of-service filed in Court today is taken on record. 2. The instant writ petition has been filed, inter alia, for a direction upon the respondent Nos. 9 to 11 from demolishing the building and/or any part of the building at premises No.127, Narasingha Dutta Road, P.S. – Bantra, District-Howrah, 711101. 3. According to the learned advocate for the petitioner, the petitioner is in possession of the aforesaid property. The petitioner claims a civil suit is pending before the Court of the learned Civil Judge (Junior Division) at Howrah being TS no. 468 of 2026 wherein the petitioner as plaintiff has sought for a decree for declaration that the petitioner as plaintiff is the owner of suit property 2 WPA 11373 of 2026 by way of adverse possession. According to the petitioner, an interim order in the form of status quo is subsisting in his favour. 4. Mr. Ray, learned advocate for the petitioner would submit that the respondent Nos. 9 to 11 have no right to obtain any sanctioned building plan nor the municipal authorities can issue the same in favour of the respondent Nos. 9 to 11. According to him, since the petitioner is in possession of the property, no steps should be taken by the municipal authorities without hearing the petitioner. 5. Having heard the learned advocates appearing for the respective parties and on the basis of the instructions available with Ms. Sinha, learned advocate representing the municipality that no sanctioned building plan has been applied for or issued in respect of the above premises, I am of the view that the writ petition is premature. The petitioner is yet to succeed in the suit. In absence of any decree to be passed by the Civil Court, I am afraid the petitioner cannot establish any right over the suit property especially when admittedly, the petitioner is not the owner thereof. 6. The writ petition is accordingly dismissed without any order as to costs. (Raja Basu Chowdhury, J.)