SWAMI NATH SHAW AND ORS v. HOWRAH MUNICIPAL CORPORATION AND ORS
WPA/28493/2026 · 2026-10-08
Raja Basu Chowdhury
body2026
DailyLaw.ai
[ 2026 DAILYLAW 48991 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48991 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10 08.10.2026 sayandeep
Ct.3.
WPA 28493 of 2026
Swami Nath Shaw & ors. Versus The HMC & Ors.
Mr. Bhagabat Choudhuri
Ms. Mallika Manna
… For the petitioners.
1. A fresh affidavit-of-service filed in Court today is taken on record.
2. Despite service, none appears on behalf of the respondents.
3. Challenging the self-demolition notice of unauthorized construction at holding No. 74/2, South Buxarah 1st Bye Lane, Ward No. 41, Howrah, the instant writ petition has been filed.
4. Mr. Choudhuri, learned advocate appears for the petitioners and would submit that without carrying out any inspection and without any notice to the petitioners, the above order has been passed. It is still further submitted that though a show-cause notice was issued since the inspection report was not made over, the order cannot be sustained.
5. In response to a query from the Court, Mr. Choudhuri would submit that the petitioners have a sanction upon to G+2 storied. This Court upon going through the demolition order finds that the demolition in respect of G+3 storied. Having regard thereto, admittedly
2 WPA 28493 of 2026
this Court finds that there has been an additional construction of one additional floor. In view thereof, this Court is not inclined to entertain the writ petition.
6. Accordingly, the writ petition stands dismissed without any order as to costs.
7. The above order shall, however, not stand in the way of the petitioners availing the statutory remedy, if so advised.
(Raja Basu Chowdhury, J.)