17.09.2026 sayandeep Sl. No. 64 Ct. No. 03 WPA 26133 of 2026 Anil Prajapati & ors. Vs. KMC & ors. Mr. Rabi Sankar Chattopadhyay …. for the petitioners Mr. Biswajit Mukherjee Mr. dipankar Ghosh ….. for the KMC 1. Citing urgency, this matter was mentioned and accordingly has been taken up for consideration out of turn in presence of the learned advocate for the Kolkata Municipal Corporation. 2. The petitioners in effect are interested to challenge a demolition order dated 25th July, 2026 passed in demolition case No. 02-D/IV/26-27 in respect of the premises No. B/123/2/H/80, APC Road, Ward No. 27, Borough-IV (in short the said premises). 3. The learned advocate for the petitioners would submit that without serving any notice to the petitioners for being heard, the aforesaid order has been passed. It is still further submitted that the petitioners are occupier of the said premises and the municipality has already called upon the petitioners to vacate the unauthorized portion by notice dated 8th September, 2026. Accordingly, he submitted that since the order stands vitiated on account of violation of principles WPA 26133 of 2026 2 of natural justice, the order cannot be sustained, the same cannot be acted upon and should be set aside. 4. Having heard the learned advocates appearing for the respective parties, I find that the order of demolition has already been passed. It is not the case of the petitioners that the petitioners had carried out construction or the petitioners are the person responsible. In the light of the above, in my view, there was no scope for the municipality to give any opportunity of hearing to the petitioners, having regard to the provisions contained in Section 400(1) of the KMC Act, 1980. 5. Mr. Mukherjee, learned advocate appearing for the municipality, however, points out that any person aggrieved by the order dated 25th July, 2026 is entitled to maintain an appeal before the Municipal Buildings Tribunal in accordance with law. In the peculiar facts, I am of the view that there is no scope to permit the petitioners to challenge the demolition order either on the ground of violation of principles of natural justice or on merit, in exercise of extraordinary writ jurisdiction. 6. The writ petition is accordingly dismissed without any order as to costs. (Raja Basu Chowdhury, J.)