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2026 DAILYLAW 47601 (CAL)

AMIT KUMAR DAS AND ANR. v. KATWA MUNICIPALITY AND ORS.

WPA/29260/2026 · 2026-10-07

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26 07.10.2026 sayandeep Ct.3. WPA 29260 of 2026 Amit Kr. Das & anr. Versus Katwa Municipality & Ors. Mr. Ranajit Chatterjee Mr. Arijit Dey ….. for the petitioners Mr. Susanta Dutta Mr. Arghya Chatterjee … For the State. Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh ….. for the Bally Municipality Mr. Tapas Kr. Bhattacharya Mr. Aviroop Bhattacharya … For the municipality. 1. The affidavit-of-service filed in Court today is taken on record. 2. Challenging the demolition order passed by the municipality and the notice dated 1st October, 2026 whereby the petitioners have been directed to carry out the demolition within seven days from the date of communication of such notice, the instant writ petition has been filed. 3. According to Mr. Chatterjee, learned advocate representing the petitioners, the above notice has been served on 1st October, 2026. The petitioners have immediately thereafter filed the writ petition on 5th October, 2026. According to him, no inspection report has been served on the petitioners. The demolition 2 WPA 29260 of 2026 order passed by the municipality is based on no evidence. 4. Mr. Bhattacharya, learned advocate appears for the municipality. He would submit that the petitioners have an alternative remedy in the form of an appeal. 5. Having heard the learned advocates appearing for the respective parties and noting that the petitioners have an alternative remedy, in my view, it shall be prudent at this stage not to entertain the writ petition. However, petitioners should be given a reasonable opportunity to approach the appellate authority. Accordingly, in the event, an appeal is filed within 30 days from date, the appellate authority having regard to the observations made herein shall hear out and dispose of the appeal in accordance with law. 6. The municipality, is, however, restrained from enforcing the demolition order for a period of 15 days from date. 7. It is made clear that the interim protection is limited to 15 days for the petitioners to prefer the appeal, and it shall be open to the learned Court to consider as to whether the petitioners are entitled to any interim protection in accordance with law, being uninfluenced by any observations made herein. 8. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)