16.09.2026 sayandeep Sl. No. ML 38 Ct. No. 03 WPA 17688 of 2026 Kalidas Roy Vs. Baruipur Municipality & ors. Mr. Tanmoy Chowdhury Ms. Ritoprita Ghosh …. for the petitioner Mr. Sayan Sinha ….. for the municipality 1. Challenging the order dated 17th July, 2026 issued by the respondent No. 2 whereby the petitioner was directed to demolish the illegal tin shed/roof within 30 days, the instant writ petition has been filed. Since, prima facie, the tin shed appear to be only a temporary structure for which no demolition order was necessitated, this Court had expedited the hearing and following the same, the matter was taken up for consideration on 3rd August, 2026 when it was adjourned at the instance of the municipality to take instructions. Today, the learned advocate for the municipality has filed before this Court a written instruction dated 27th August, 2026. From the aforesaid report, it would transpire that the municipality is interested to withdraw the above order, since, such order has been passed without providing appropriate opportunity of hearing to the petitioner WPA 17688 of 2026 2 and also on the ground the same contains inadvertent defects. 2. Having heard the learned advocates appearing for the respective parties and noting the stand taken by the municipality, the order dated 17th July, 2026 is set aside. The matter is remanded back to the municipality for a fresh decision on merits in accordance with law upon affording appropriate opportunity of hearing to the petitioner. 3. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)