OD-01 WPO/220/2026 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Rajballav Para Bayam Samity Versus The Municipal Commissioner, Kolkata Municipal Corporation & Ors. Before: The Hon’ble Justice RAJA BASU CHOWDHURY Date: 15th September 2026 Appearance: Mr. Soumya Dasgupta Advocate Ms. Satarupa Ghatak, Advocate Mr. Ritankar Das, Advocate for the petitioner Mr. Alak Kumar Ghosh, Advocate Mr. Swapan Kr. Debnath, Advocate for the KMC Mr. Debapriya Gupta, Advocate Ms. Sumita Sarkar, Advocate Mr. N. G. Khaitan, Advocate for the State 1. The present writ petition has been filed, inter alia, praying for direction upon the respondents to remove the tree from the premises no.56/1, Raja Rajballav Street, Shyam Pukur Police Station, Kolkata – 700003. 2. By an order dated 4th August 2026 this Court had directed the municipality to carry out an inspection at the locale and identify the tree and file a report including therewith photograph of the locale and the tree. 3. Pursuant to the above direction, though the State has come up with the report, the municipality has not filed the report as directed. 2 4. The learned advocate for the State has, however, drawn attention of this Court to the letter dated 1st March 2024 in respect of the inquiry conducted by the forest department. According to him, though the petitioner was called upon to produce all necessary documents in relation to ownership of the petitioner in respect of the locale, the petitioner had failed to disclose any documents. 5. Mr. Ghosh, learned advocate appears for the municipality has also drawn attention of this Court to page 31 of the writ petition. According to him, the petitioner has not complied with the direction of the municipality dated 2nd March 2024. 6. Having heard the learned advocates appearing for the respective parties and since the petitioner has not been able to demonstrate any right over and in respect of the said land and since the learned advocate for the parties would jointly submit that a civil suit is pending, I am of the view that it shall be not be appropriate at this stage to issue any further order in this regard. 7. The petitioner shall be at liberty to seek for appropriate relief before the Civil Court in the pending litigation if so advised, in accordance with law. 8. The matter thus stands disposed of. (RAJA BASU CHOWDHURY, J.) R. Bose