MEHATABALI @ MEHATAB ALI MOLLA v. STATE OF WEST BENGAL AND ORS.
WPA/17968/2026 · 2026-10-05
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 48340 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48340 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.10.2026 Ct. 3 Item No.
AD 11 Saswata
WPA 17968 of 2025 Mehtabali @ Mehtab Ali Molla Versus The State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Mr. Biswaroop Chatterjee …For the petitioner Mr. Raghunath Chakraborty Mr. Rahul Singh Mr. Saikat Thakurata Ms. Dipanwita Das …For the Maheshtala Municipality
1. Affidavit of service filed in Court today is retained with the record.
2. The instant writ petition pertains to enforcement of demolition order which according to the petitioner has reached finality in respect of plot no. 628, Khatian no. 88, LR Khatian no. 7695, JL no. 17, Mouza – Jagatala, under P.S. Mahestala, South 24 Parganas.
3. On 16th September 2026 when the writ petition was taken up for consideration, the municipality prayed for an accommodation. This Court, however, finds that on 19th February 2021 the municipality had passed a demolition
order. According to the learned advocate appearing for the petitioner although the said order was partially implemented, the private respondents carried construction so as to restore the demolished portion.
4. The municipality has filed a report and a demolition notice dated 1st October 2026. According to the said report it would transpire that in course of an inspection which was carried out on 18th August 2026, a further illegal
2 construction was noted which prompted the municipality to issue the communication dated 1st October 2026.
5. Having heard the learned advocates for the contesting parties, in the peculiar facts, since the municipality has already taken steps, in my view no fruitful purpose will be served in keeping the writ petition pending.
6. The writ petition is thus, disposed of by directing the municipality to implement the order dated 19th February 2021 in accordance with law, on expeditious basis preferably within a period of 12 weeks from the date of communication of this order.
7. All parties shall act on the basis of server copy of this
order duly downloaded from this Court’s official website.
(Raja Basu Chowdhury, J.)