The court affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.

JUDGMENT :

Gaurang Kanth, J.

1. In both these writ Petitions the demolition order dated 27.11.2024 passed by the Board of Council of the Baranagar Municipality vide its Resolution No. 5(iii) qua the Premise No. 7/1/A, Vivekananda Road, Kolkata-700035 (formerly known as Premise No. 18 or 18/1, Hatem Munshi Lane, Ward No. 08, Kolkata-700035) is under consideration. In WPA 308/2025, the said demolition order dated 27.11.2024 is under challenge where as in WPA 9471/2025, the Petitioner is seeking the issuance of writ of mandamus for the implementation of the said order dated 27.11.2024. In view of the same, this Court deems it appropriate to dispose of both the Writ Petition together by this common judgment.

Facts as emerged from WPA 308/2025

2. Petitioners are the legal heirs of late Sh. Bijoy Dulai, who was the absolute owner of the premises in question, i.e., piece and parcel of a plot of land ad-measuring 3 and I/2 cottahs together with a 100 year old 2 story building with brick wall situated at 18, Hatem Munshi Lane, Post Office Alam Bazar, P.S.- Baranagar, Dist.- North 24 Parganas, Pin-700035 by inheritance. Sh. Bijoy Dulai expired on 16.03.2024 leaving behind the Petitioner No. 1 and their 2 sons (Petitioner No. 2 &3) as his only legal heirs. Hence after the demise of the Late Bijoy Dulai, the Petitioners are the absolute owners of the premises in question.

3. Respondent No. 6 (Petitioner in WPA 9471/2025) is claiming himself to be the owner of the premises in question by virtue of purchase of the property. The Respondent No. 1 mutated their name as assessee in the record of respondent No. 2 in respect of premises No. 7/1/A, Vivekananda Road(PWD Road) which was formerly known and numbered as Premises No. 18/1, Hatem Munshi Lane, Post Office- Alam Bazar, P.S.- Baranagar, District- North 24 Parganas, Pin-700035.

4. Respondent No. 6 initiated a civil suit, being Title Suit No. 538/2024 for eviction and recovery of possession against the Petitioner No. 1 and Petitioner No. 3 before the Court of Civil Judge, Senior Division, 3rd Court at Barasat and the same is pending. In addition, many criminal cases have been initiated by the Respondent No. 6 against the Petitioners. The Petitioners also filed criminal cases against the Respondent No. 6. The Petitioners herein filed an Application for temporary injunction in the said Title suit No. 538/2024 and the same was rejected vide order dated 21.05.2024. The Petitioners preferred an Misc. Appeal No. 73/2024 before the court of Additional District Judge, Fast Track, First Court, Barrackpore and vide order dated 04.07.2024, the parties were directed to maintain the status quo of the premises in question. The Petitioners also initiated a Title suit for declaration, being Title Suit No. 151/2024 before the Court of civil Judge, Junior Division at Bidhan Nagar against the respondent No. 6 and the same is also pending adjudication.

5. In the meanwhile, the Respondent No. 6 through Respondent No. 5 filed WPA No. 19975/2023 alleging unauthorised construction at the premises in question. This Court vide order dated 16.07.2024 disposed of the said writ petition by directing the Respondent Municipality to consider the representation of the Respondent No. 6 in accordance with law within a period of 3 months.

6. In pursuance of the said direction of this Court, the Executive Engineer from the office of Respondent No. 2 conducted a joint inspection of the premises No. 7/1/A, Vivekananda Road (PWD Road) which was formerly known and numbered