39 22.09.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 23704 of 2026 Bijali Das alias Bijoli Das Versus The State of West Bengal & Ors. Mr. Prabir Kumar Misra Mr. Priyam Misra Ms. Ankita Misra Mr. Sanket Chanda … For the petitioner. Mr. Tapas Kumar Chatterjee Mr. Biswaranjan Bhakat … For the State. Mr. Arijit Dey ….For the municipality. Mr. Siddhartha Banerjee (VC) … For the respondent no.7 Mr. Srijib Chakraborty Mr. Meghnad Dutta …. For the respondent no.8 1. Affidavit of service filed in Court is taken on record. 2. The learned advocate for the petitioner submits that despite the order of injunction passed in Title Suit, being T.S. 396 of 2024 by the Court of the learned 3rd Court, Civil Judge (Senior Division), Barasat, dated 18th April, 2024, the private respondents are carrying out the construction in violation of the civil Court’s order. 3. Having heard the learned advocates appearing for the respective parties, though ordinarily no writ can be entertained for implementation of an order passed by the civil Court, especially when an alternative remedy is 2 WPA 23704 of 2026 provided for under the Code of Civil Procedure, however, since there has been a complaint with regard to the alleged unauthorized construction, the municipality is directed to take an informed decision in the matter upon giving an opportunity of hearing to all the contested parties and by passing a reasoned order. 4. It is made clear that the above order shall not stand in the way of the municipality to take steps to enforce the demolition order dated 30th July, 2026. 5. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 6. With the above observations and directions, the writ petition is disposed of. 7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)