The court upheld the principle that extraordinary writ petitions cannot override directives from a higher judicial authority, particularly concerning enforcement of demolition orders under municipal law.

JUDGMENT :

Raja Basu Chowdhury, J.

1. Affidavit of service filed on behalf of the petitioners is taken on record.

2. The present writ petition was filed citing extreme urgency upon obtaining leave for short service on 9th December, 2025. After the matter was listed on 17th December, 2025 since it was represented on behalf of the petitioners that the petitioner no.1 does not wish to continue with the writ petition, accordingly this Court by order of even date directed the name of the writ petitioner no.1 be expunged from the array of the parties to the writ petition.

3. Today the matter has come up for consideration.

4. The petitioners claim to be occupants and/or residents of the premises no.151, Rabindra Sarani, Ward No.42, Police Station – Burrabazar, Borough-V, Kolkata – 700073. According to the petitioners, they have been residing in the said premises as beneficiaries of the Wakf for a long time for over 100 years. It is also the petitioners’ case that on 31st October, 2012, the Joint Mutwallies of Hafiz Jamaluddin Wakf Estate had executed several agreements with the petitioners in order to demolish the existing structure and to raise a construction in accordance with the approval granted by the Chief Executive Officer of the Board of Wakf, West Bengal dated 18th June, 1996. It is also the petitioners’ case that pursuant to such approval, the Joint Mutwallies had extended the sanctioned building plan dated 7th November, 1998 till 11th April, 2016. Subsequently, the building was constructed and the petitioners were given possession of the respective flats. It is also the petitioners’ case that the petitioners are residing in the respective flats.

5. The petitioners claim that on 6th December, 2025, they had come to learn from the local police station that the municipal authorities are in the process of demolishing the petitioners’ building in terms of the order dated 20th December, 2017 passed under Section 400(8) of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the ‘said Act’). Following the above, the petitioners claim to have made enquiries and had been able to ascertain that initially a writ petition, being WPA 16276 of 2021, was filed before this Court which was disposed of by an order dated 4th April, 2022 by a Co-ordinate Bench of this Court. Later, on an appeal being filed which was registered as MAT 665 of 2022 the Hon’ble Division Bench of this Court had disposed of the appeal by an order dated 28th July, 2023. According to the petitioners, the municipal authorities subsequent to the order passed by the Hon’ble Division Bench had taken steps under Section 400(1) of the said Act and passed an order on 26th September, 2024 which had the approval of the Mayor in Council. The petitioners claim that the petitioners had never been served any notice of demolition.

6. Mr. Chakraborty, learned advocate appearing for the petitioners has, however, confined the writ petition to a challenge to the order under Section 400(8) of the said Act. It is the petitioners’ contention that though the petitioners may not have been entitled to a notice prior to such order being passed, however, the petitioners are entitled to challenge the said order and according to Mr. Chakraborty, the said order has not seen the light of the day. At least, no copy thereof has been served on the petitioners. Further there could have been no extraordinary circumstances to pass an order under Section 400(8) at this stage. In the factual backdrop as aforesaid, the writ petition has been filed.

7. Mr. Ghosh, learned advocate appears for the Kolkata Municipal Corporation while Mr. Banerjee, learned