16.12.2025 sb Ct.3.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 850 of 2025 With CAN 1 of 2025 Md. Tofijul Hoque Versus The State of West Bengal & Ors.

Mr. Debabrata Mondal Ms. Sreetama Neogi … For the petitioner.

Ms. Sharmita Datta Das …. For the State.

Mr. Achintya Kumar Banerjee Ms. Dipanwita Ganguly … For the KMC Mr. R. N. Chakraborty … For the applicants in CAN 1 of

2025.

1. The petitioner seeks for enforcement of the demolition order vide Demolition Case No. D-44/Br-

VII/20-21.

2. Records would reveal that the petitioner had previously moved this Court for enforcement of the demolition order in WPA 24263 of 2022. The above writ petition was taken up for consideration and the Coordinate Bench by its order dated 12th June, 2023 had been pleased to dispose of the said writ petition by inter alia observing as follows:

“It has been submitted that there is no other alternative on the part of the police to vacate the unauthorized portions of the premises other than using force.

The construction in question is an illegal one and facing an order of demolition. The same cannot be permitted to stand because the occupants of the unauthorized construction refu