27.07.2026 Ct. 3 Item No. AD 12 Saswata WPA 5935 of 2026 Mithu Ghosh Versus The State of West Bengal & Ors. Mr. Tapas Kumar Dey Mr. Ashis Kumar Dutta …For the petitioner Mr. Sukanta Ghosh Mr. Arghya Chatterjee …For the State Mr. Arindam Chandra Mr. Atish Ghosh Ms. Antara Dey Ms. Neha Gupta …For the respondent nos. 7 to 9 Ms. S. Sha …For the respondent no. 10 Mr. Shoham Sanyal …For the respondent nos. 11, 12, 15 and 16 Mr. Arijit Dey …For the Baranagar Municipality 1. Learned advocate appearing for the respondent nos. 7 to 9 has placed before this Court a certificate issued by the Indus Towers Limited dated 27th July 2026 which indicates that the telephone tower set up at 269 Gopal lal Tagore Road, Kolkata – 700036 bearing site id IN 1051728 (Baranagar Bazar) which was commissioned under the agreement dated 28th March 2003 has become non functional from 14th February 2015 and the said agreement stood terminated on 31st March 2018. 2. According to the said declaration no amount is outstanding or payable by the Indus Towers Limited to M/s Creative Developers in relation to the aforesaid site. 3. Having heard the learned advocates appearing for the parties, I am of the view that since the respondent nos. 7 to 9 now want removal of the aforesaid tower, they shall be at liberty to do so and if any amount is found to be due, 2 they shall be obliged to pay the same to the Millennium Tower Flat Owners’ Association in accordance with law. 4. With the above direction the writ petition is disposed of. 5. 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.)