OD-5 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/413/2026 ANWARI BEGUM AND ORS. VS KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date : 16th September, 2026. Appearance: Mr. Tanay Mukherjee, Adv. Mr. Lal Mohan Hajra, Adv. Mr. A. Gupta, Adv. Ms. A. Hazra, Adv. Ms. M. Hazra, Adv. …for the petitioners. Mr. Rajdeep Bhattacharya, Adv. Mr. Kaustav Seal, Adv. for the respondent no. 7. Mr. Alok Kumar Ghosh, Adv. Ms. Manisha Nath, Adv. for the Kolkata Municipal Corporation Mr. Suvashish Sengupta, Adv. Mr. N. G. Khaitan, Adv. …for the State. 1. Leave is granted to Mr. Rajdeep Bhattacharya, learned Advocate for the respondent no. 7 to file Vakalatnama in the Department today. 2. The instant writ petition has been filed, inter alia, challenging the notice dated 17th August, 2026 issued by the Kolkata Municipal Corporation Building Department pertaining to premises no. 64/H/3, Bade Golam Ali Khan Sarani – Karaya, Kolkata – 700019, Ward No. 65, Borough – VII whereby the Executive Engineer (C) has intimated the 2 Officer-in-Charge of the jurisdictional police station to issue appropriate notice under Section 412(2) of the Kolkata Municipal Corporation Act, 1980, to vacate the unauthorized portion as per order of the Municipal Commissioner dated 23rd February, 2023. 3. The learned Advocate for the petitioners would submit that though the petitioners have filed an appeal before Municipal Building Tribunal, however, the stay application in connection with the above appeal is fixed on 22nd September, 2026 and as such in the interregnum, the petitioners have approached this Court for a limited stay of the demolition order. 4. State is represented. 5. Having heard the learned Advocates appearing for the respective parties, I am of the view that since the petitioners have already approached the Municipal Building Tribunal, the petitioners cannot be permitted to maintain the petition under Article 226 of the Constitution of India before this Court. 6. In view thereof, the writ petition stands dismissed leaving it open to the writ petitioners to pursue the remedy before the Municipal Building Tribunal in accordance with law, if so advised. (RAJA BASU CHOWDHURY, J.) S.Seal