Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present :

The Hon’ble Justice Raja Basu Chowdhury WPA 28228 of 2025 Sanat Kumar Ghosh Versus State of West Bengal & Ors.

with WPA 26930 of 2025 Mitali Chongdar Versus Howrah Municipal Corporation & Ors.

with WPA 9011 of 2025 Smt. Mitali Chongdar Versus The Howrah Municipal Corporation& Ors.

For the petitioner : Mr. Sanjib Seth in WPA 28228 of 2025.

For the petitioner : Mr. Tanmoy Mukherjee in WPA 26930 of 2025 For the State : Ms. Nilanjana Banerjee Pal Mr. Tauhid Khan For the Howrah : Mr. Sandipan Banerjee Municipal Corporation. Mr. Ankit Sureka Heard on : 16.12.2025. Judgment on : 16.12.2025 Raja Basu Chowdhury, J (Oral):

1. The petitioner in WPA 28228 of 2025 (hereinafter referred to as the “first writ petition”) has challenged the demolition order dated 24th November, 2025. The petitioner in the first writ petition claims to be the owner in respect of holding no. 21/3/B, Umesh Banerjee Lane, P.O and P.S. – Shibpur, Howrah – 711102.

2. The petitioner in the first writ petition had previously challenged the order dated 22nd January 2024, whereby the petitioner in the first writ petition was directed to cause self demolition of the unauthorized construction at the first and second floor as per the inspection report, filed a writ petition which was registered as WPA 19292 of 2024. A separate writ petition being WPA 4388 of 2025 was filed by the private respondent in the first writ petition for implementation of the order dated 22nd January, 2024. It is in relation to such proceeding that a Coordinate Bench of this Court while hearing out the said case on 21st May 2025 noted that the petitioner in the first writ petition had already filed a writ petition being WPA 19292 of 2024 challenging the above demolition order. The writ petition being WPA 19292 of 2024 was, thus, directed to be listed after 6 weeks on 2nd July 2025.

3. Being aggrieved with such direction to list the matter after 6 weeks, the petitioner in the first writ petition had approached the Hon’ble Division Bench of this Court during the vacation in MAT 823 of

2025.

4. In course of hearing of such appeal, the petitioner in the first writ petition insisted that the demolition order passed by the Howrah Municipal Corporation should be stayed. It is in relation to such proceedings that the Hon’ble Division Bench of this Court had by order dated 3rd June, 2025 directed the municipal authorities to consider and decide the appellant’s pending representation dated 20th February 2024, after giving opportunity of hearing to the appellant and to pass a reasoned order. It is in furtherance to such direction that the order dated 24th November 2025 has been passed.

5. Although, the petitioner in the first writ petition seeks to challenge the same by, inter alia, contending that the petitioner’s residence was in existence for the last 70 years, however, having regard to the factual findings rendered and such stand having not been taken earlier, this Court is unable to interfere with such order especially when no new case can be permitted to be made out at this stage, more so since, the petitioner in the first writ petition having also failed to make out a case of violation of principles of natural justice or perversity.

6. However, learned advocate for the petitioner in the first writ petition at this stage on instruction submits that the petitioner in the first writ petition is ready and willing to cause self demolition of the unauthorized portion in terms of the original order dated 22nd January, 2024 and for the said purpose he requires some more time.

7. Having heard the learned advocates for the parties and having regard to the statement made by the advocate for the petitioner in the first writ petition in Court today, I am of the view that the petitioner in the first writ petition should file an undertaking before this Court undertaking to demolish the unauthorized construction at premises no. 21/3