02.12.2025

Ct. 3

Item No.

AD 53

Saswata

WPA 27587 of 2025 Niraj Agarwal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Moyukh Mukherjee

Ms. Sagnika Banerjee

Mr. Bhaskar Mondal …For the petitioners

Mr. Dipankar Dasgupta

…For the State

Mr. Alok Kr. Ghosh

Mr. Raju Bhattacharya

…For the respondent nos. 2 to 5

1. Citing extreme urgency, a leave was obtained from

this Court on 1st December 2025 for short service..

2. This matter has accordingly been listed and taken

out of turn upon notice to the learned advocate

appearing for the municipal authorities.

3. Learned advocate appearing for the petitioner has

drawn the notice of this Court to the demolition order issued under Sections 400 (1) and 416 of the Kolkata Municipal Act, 1980 (hereinafter referred to as the “said Act”) in respect of premises no. 6, Peary Mohan Pal Lane in demolition case no. 35-D/Br- IV/2024-25 dated 4th April 2025. According to the learned advocate for the petitioner the infringement noted in the order is only minimal and the petitioner has barely infringed a few meters of space. He would submit that the petitioner has already preferred an appeal and such appeal is pending. In the meantime the municipal authorities are, however, proc