35 15.07.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15834 of 2026 Ramnarayan Singh & Ors. Versus The State of West Bengal & Ors. Mr. Abhisek Banerjee Mr. Surojit Chattopadhyay … For the petitioners. Mr. Debasish Choudhury Mr. Suraj Mishra …. For the State. Ms. Shebatee Datta Ms. Poulami Roy … For the respondent no.7. 1. Affidavit of service filed in Court is taken on record. 2. The petitioners claim to be the occupiers in respect of holding no.4, Khangendranath Ganguly Lane, Police Station – Golabari, Howrah, PIN 711106 (hereinafter referred to as the “said premises”). 3. The petitioners claim that they had been permitted to occupy the flat measuring 168 sq. ft. on the said premises with a monthly rental of Rs.320/-. 4. The petitioners are aggrieved by the steps taken by the municipal authorities to carry out a demolition programme in respect of the said premises. 5. Learned advocate for the petitioners would submit that the municipal authorities without affording the 2 WPA 15834 of 2026 petitioners with any opportunity of hearing had demolished the building. The petitioners seek protection of their possessory right. 6. Ms. Dutta, learned advocate appears on behalf of the respondent no.7. She would submit that the respondent no.7 had initially made a complaint with regard to the illegal construction in the aforesaid premises. Despite such complaint since the municipal authorities were not taking steps, a writ petition was filed before this Court which was registered as WPA 8570 of 2020. Despite order dated 1st July, 2021 passed by this Court in the above writ petition directing the concerned Executive Engineer to dispose of the petitioners’ representation relating to unauthorized construction since, the municipality had not dealt with the unauthorized construction, the respondent no.7 was compelled to once again approach this Court in WPA 26708 of 2023. By an order dated 10th January, 2024, the coordinate Bench of this Court noting from the submissions made by the municipality that steps have been taken in compliance with the direction passed by this Court on 1st July, 2021 in WPA 8570 of 2020 had disposed of the writ petition by observing , inter alia, as follows: “The petitioner complaints that despite direction passed by this Court in the earlier writ petition filed by the petitioner being WPA 8570 of 2020, the Corporation has not taken steps to deal 3 WPA 15834 of 2026 with the unauthorised construction at plot no. 4, Khagendra Nath Ganguly Lane. Learned advocate representing the Corporation submits that steps have been taken in compliance of the direction passed by the Court on 1st July, 2021 in WPA 8570 of 2020. It has been submitted that the steps shall be taken in the mater till the unauthorised construction has been demolished. The instruction forwarded by the Corporation be retained with the records. The Commissioner, Howrah Police Commissionerate through the Officer-in-Charge, Golabari Police Station is directed to render adequate police protection and all necessary assistance and cooperation to the men and agents of the Howrah Municipal Corporation at the time of implementing the order of demolition, if sought for. The police is also directed to keep strict vigil over the property that construction in any manner whatsoever is not carried out at the subject premises. The police shall also ensure that no third party right is created in respect of the structure constructed unauthorisedly. The writ petition stands disposed of”. 7. According to Ms. Dutta, the municipality while acting on the basis of the directives passed by this Court had carried out demolition in respect of a portion of the unauthorized construction and that the petitioners are still continuing to reside in the said premises. According to her, the entire building is unauthorized. 4 WPA 15834 of 2026 8. Having heard the learned advocates appearing for the respective parties, though the municipality remains unrepresented, and noting from the materials on record that the municipality has been implementing the demolition order as would morefully corroborate from the communication dated 18th June, 2026 addressed to the Additional Deputy Commissioner of Police, Special Branch, Howrah by the Officer-in-Charge of Demolition Squad, Howrah Municipal Corporation seeking for deployment of police force on and from 24th June, 2026 onwards and the public notice dated 20th June, 2020, and since such communication refers to the previous writ petition, being WPA 26708 of 2023, I am of the view there is no scope for this Court to intervene. This apart, the petitioners have not been able to demonstrate their legal rights to continue and occupy the building which has been constructed illegally. The petitioners have also failed to demonstrate that there is any sanctioned building plan in respect of the said premises. 9. Having regard thereto, no interference is called for. The writ petition is accordingly dismissed. (Raja Basu Chowdhury, J.)