D/L. 79 21.09.2026 Ct. No.3 Mujahid/ Sudipta WPA 26506 of 2026 Farhat Qasim & Anr. Vs. Kolkata Municipal Corporation & Ors. Mr. Ayan Banerjee Ms. Debjani Sengupta …petitioners Mr. Biswajit Mukherjee Ms. Gulnaz Quraishi …for the KMC 1. Citing extreme urgency this matter was mentioned in the morning and has been taken up for consideration upon notice to the learned Advocate for the KMC. 2. Affidavit of service filed in Court is taken on record. 3. Learned counsel for the petitioners seeks to challenge the notice dated 3rd September, 2026 appearing at page no. 53 of the writ petition issued under Sections 544 and 546 of the Kolkata Municipal Corporation Act, 1980. 4. According to Mr. Banerjee, learned counsel Advocate appearing for the petitioners, the petitioners have preferred an appeal from the demolition order in respect of the demolition proceedings concerning premises No. B/11/2/H/19, Harshi Street, Police WPA 26506 of 2026 2 Station – Narkeldanga, Kolkata – 700 009 before the Municipal Building Tribunal which appeal has been directed to be disposed of on an expeditious basis by an order dated 11th March, 2025 passed in WPA 11621 of 2021. According to him, the respondent to frustrate the appeal have issued the above notice. 5. Having heard the learned Advocates appearing for the respective parties and noting that Mr. Banerjee while responding to a query from the Court would submit that no stay order has been passed in connection with the aforesaid appeal, there is no scope to entertain this petition as the petitioner cannot be permitted to pursue both the statutory remedy as well as the extraordinary remedy at the same time. 6. In the peculiar facts, this Court is not inclined to interfere. The writ petition stands dismissed. 7. There shall be no order as to costs. 8. Dismissal of the above petition cannot interfere with the rights of the petitioners in so far as the appeal is concerned. 9. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this court. (Raja Basu Chowdhury, J.)