07.08.2026 Ct. 3 Item No. AD 10 Saswata WPA 15008 of 2025 Shanti Nath Ghosh @ Shanti Nath Dey (Ghosh) Versus Kolkata Municipal Corporation & Ors. Ms. Satabdi Das …For the petitioner Mr. Barin Banerjee Mr. Fazlul Hoque Ms. Ina Bhattacharya …For the KMC Mr. Sovan Mukherjee Ms. Sneha Chatterjee …For the State Mr. Suman Ghosh …For the CESC Ltd. 1. Mr. Ghosh, learned advocate appearing for the CESC ltd. by placing before this Court a communication dated 5th August 2026 submits that he has received instructions from the CESC ltd. that the existing service connection along with all service connection apparatus, meters, etc. as on 4th August 2026 have been removed in presence of the KMC authorities, thus, clearing the encroachment. 2. The aforesaid step has been taken in terms of the direction contained in the order dated 31st July 2026 which categorically provided that in the event, the petitioner is unable to substantiate the claim for payment, or if no payment is made by 31st August 2026, the CESC Ltd. should proceed and remove the obstruction including the electrical apparatus from the land which has been gifted to the KMC. It is submitted that since the petitioner did not 2 make payment of the shifting charges, the CESC authorities had disconnected the supply and removed all the existing supplies, service connection along with all the electrical apparatus. Let a copy of the aforesaid communication as placed before this Court be retained with the file. 3. In view of the above development and there being no impediment on the part of the municipal authorities to proceed with the demolition order in connection with premises no. 11, Joy Mitra Street, PS – Hatkhola, Jorabagan, Kolkata – 700005, the municipal authorities are at liberty to proceed. 4. In this context, it must be recorded that previously it was the stand of the petitioner that though the petitioner had applied before the CESC ltd. for relocation of the meter box, the CESC authorities were not cooperative and for reasons whereof the petitioner was unable to take steps. Records would reveal that the petitioner has been non cooperative and has not taken any steps for relocation of the meter box. Even, the fees for relocation of the supply was not deposited by the petitioner. This had resulted in the petitioner retaining possession of the portion which had been gifted to the municipality. In the peculiar facts, this Court is not inclined to retain the matter on the file. 5. The municipal authorities shall be at liberty to enforce their demolition order dated 28th August 2023 in respect of premises no. 11, Joy Mitra Street, PS – Hatkhola, Jorabagan, Kolkata - 700005 6. Accordingly, the writ petition stands dismissed. 3 7. 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.)