Extracted from the PDF above. The PDF is authoritative.
ORDER SHEET WBCHCA0451392026 Item No.13 Ct. No.1 PG IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA(P) 438 of 2026 SK. ASGAR ALI Versus THE STATE OF WEST BENGAL & ORS.
Appearance: Mr. Kallol Basu Mr. Samilk Sarkar ………….Advocates for Petitioner Mr. Debapriya Gupta, Ld. AGP Mr. Suman Banerjee Mr. Kaustav Seal Mr. Biswanath Banerjee …………Advocates for State Mr. Sandipan Banerjee Ms. Utsa Dutta Ms. Priyanka Sen …………….Advocates for Durgapur
Municipal Corporation Mr. Pratip Mukherjee Ms. Riya Ballav …………….Advocates for Respondent No. 8
CORAM: RAVINDRA VITHALRAO GHUGE, CHIEF JUSTICE & OM NARAYAN RAI, J.
Date: SEPTEMBER 29, 2026
Order
(Per Court)
1. On 11.09.2026, we had passed the following order:
“ 1. Learned advocate for the Petitioner tenders an affidavit-of-service, which is taken on record.
2. Learned advocate appearing for the Respondent State submits that some steps have already been initiated in the light of the grievance voiced by the Petitioner in the PIL and he would gather instructions from the appropriate authorities, keeping in view that he has received the Petition copy today itself.
3. List this Petition on 29th September, 2026 under the heading ‘Urgent Admission’ in the urgent supplementary list.”
2. Learned Additional Government Pleader tenders a copy of the
Order Sheet in West Bengal Form No. 270 under (Rule 129 of the Records Mannual, 1917 prescribed for the Proceedings under the West Bengal Public Land (Eviction of Unauthorised Occupants Act), 1962. The two pages note tendered to us, is a record of proceeding indicating the business transacted in the hearing on 24.09.2026. The Photostat copy of the Report is marked as ‘X’ for identification and will be served on all the learned Advocates for the appearing parties.
3. Respondent Nos. 12 to 15, are present during the hearing today. Since a proceeding for demolition of illegal and unauthorised construction has commenced, coupled with the proceedings for eviction and since the present
Petitioner is a party to the said proceedings in his capacity of being the complainant, this Petition is disposed off.
4. We, however, deem it appropriate to record that the said proceedings would be completed by the Authorities, by avoiding delay. If any of the parties delay the proceedings on unreasonable or trivial grounds, the concerned Authority would be at liberty to progress to the next stage in the proceedings and conclude the said proceedings on or before 31.12.2026.
5. We also direct that the tenement holders and/or the owner or any person connected with the said Writ building, directly or indirectly, is restrained from creating third party interest or encumbrances of any nature whatsoever, until the conclusion of the proceedings.
(OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) CHIEF JUSTICE