Rukhsana Hamid vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 577

IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Rukhsana Hamid – Appellant
Versus
State Of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Arup Krishna Das, Adv., Mr. Rajarshi Ghosh, Adv.
For the State : Mr. Dipanjan Datta, Adv., Mr. Debangshu Mondal, Adv.
For the Corporation : Mr. Shounak Bhattacharya, Adv.
For the Private Respondent: Mr. S.K. Mondal, Adv.

JUDGMENT :

Gaurang Kanth, J.

1. The demolition order dated 04.03.2024 having Memo No. 3049/(12)/PW/Eng/24 passed by the Superintending Engineer, Asanasol Municipal Corporation in connection with demolition of a certain portion of the Nuruddin House having JL No. 20, Mouza Asanasol Municipality is in consideration in both these matters. In WPA 20449/2024, the Petitioner is challenging the said demolition order where as in 18238/2024, the Petitioner is seeking the implementation of the said demolition order. Hence this Court decided to dispose of both these matters with a common order.

Facts as per WPS 18238/2024

2. The Petitioner claims to be one of the co-sharers of the premises in question. Her case is that one Nuruddin Mistry was the original owner of certain plots of land situated under Mouza- Asansol Municipality, JL No. 20, recorded in Khatian Nos. 8860, 8861, 8862, 13588, 13589, 10793, 10794, 10795, 10796, 10797, 10798, 8866, 8867, 8869, 8870, 8871, 8873–8877, 22250, 22242, 22256, 22255, 22251, 22241, 22243, 22252, and 22254. The Petitioner is one of the successors-in-interest of the late Shri Nuruddin Mistry. Nuruddin House is constructed over the said property. After the death