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2026 DAILYLAW 36571 (CAL)

DURGA RAM v. STATE OF WEST BENGAL AND ORS.

WPA/17775/2026 · 2026-08-27

Raja Basu Chowdhury

body2026

Judgment text

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Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 17775 of 2026 Durga Ram Versus The State of West Bengal & Ors. For the petitioner : Ms. Deblina Lahiri Mr. Mrinmoy Chatterjee For the State : Mr. Sujit Mitra Mr. Parashar Baidya For the Municipality : Mr. Dipak Kumar Mukherjee Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri Heard on : 06.08.2026 & 27.08.2026 Judgment on : 27.08.2026 Raja Basu Chowdhury, J (Oral): 1. The petitioner is interested in seeking enforcement of the demolition order dated 13th August, 2025, over and in respect of holding no. 91/54/1 Upper B. P. M. Sarani, Badhrakali, Uttarpara, ward no.10. 2. When the above matter was moved on 6th August, 2026, this Court had directed the municipal authorities to take appropriate instruction in the matter. 3. Pursuant to the aforesaid direction, the municipality has filed a bunch of documents, inter alia, including reminder letter dated 20th 2 WPA 17775 of 2026 August, 2026, calling upon the person responsible to carry out the demolition order. 4. Records would reveal that on 13th August, 2025, upon giving opportunity of hearing to the person responsible, the demolition order was issued. 5. Later, the petitioner having failed to get the demolition order enforced despite representation, had approached this Court. 6. Today, the municipality by filing a bunch of documents would try to make out a case that the municipality has proceeded with the matter and is interested to enforce the demolition order. 7. Records would, however, reveal that only after the order dated 6th August, 2026 was passed, the municipality had issued notice dated 20th August, 2026. There is no explanation available as to why the municipality remained unmoved in spite of issuance the demolition order dated 13th August, 2025. 8. In the peculiar facts, and since Mr. Mukherjee, learned advocate representing the municipality would submit that if the person responsible does not take steps within thirty days from the date of the reminder notice dated 20th August, 2026, appropriate steps shall be taken by the municipality for enforcing the demolition order dated 13th August, 2025, I find that the municipality is now taking steps to enforce the demolition order. The municipality is accordingly directed to take immediate steps to implement the 3 WPA 17775 of 2026 demolition order unless, there be any impediment in implementing the same. 9. With the above observations and direction the writ petition stands disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) sb A.R. (Court)