OD-10 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/336/2026 INDIA AUTOMOBILES(1960) PRIVATE LIMITED VS THE KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date : 6th August, 2026. Appearance: Mr. Mainak Bose, Sr. Adv. Mr. Arif Ali, Adv. Mr. Sarban Bhattacharjee, Adv. ...for the petitioner Mr. Alok Kumar Ghosh, Adv. Ms. Manisha Nath, Adv. .…for the Kolkata Municipal Corporation Mr. N.G. Khaitan, Adv. Ms. Tapasi Palit Sinha, Adv. …for state. 1. The present writ petition has been filed, inter alia, challenging the notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to ‘as the said Act’) dated 12th December, 2025 in respect of the 5th floor, 9, Old Post Office Street, Kolkata – 700001. At the time of call, the learned Advocate for the petitioner has, however, placed before this Court a communication dated 31st July, 2026 issued by the Executive Engineer, Building department, Borough – V wherefrom it would transpire that the municipal authorities have withdrawn the notice under Section 401 of the said Act in respect of the said premises. 2 2. State is represented. 3. Mr. Ghosh, learned Advocate appearing for the municipality placed a report dated 29th July, 2026 before this Court, which, however, records that an inspection was conducted on 24th July, 2026 and during such inspection the person responsible was asked to submit the structural stability certificate. It is further provided if the person responsible submits a Structural Stability Certificate staing that the additional load imposed on the existing building due to the construction of the partition walls will not adversely affect the existing structure, the aforementioned notice may be withdrawn. 4. Having heard the learned Advocates representing the respective parties, I find that the municipal authorities have since withdrawn the above notice, as such nothing survives in the writ petition. 5. Accordingly, the writ petition stands disposed of. (RAJA BASU CHOWDHURY, J.) S.Seal