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25.06.2025 Court No.6 BP C.O. 2219 of 2025 Asit Mukherjee -versus-

The Panihati Municipality & Ors.

Mr. Kushal Chatterjee Mr. Oishik Chatterjee … for the petitioner Mr. Rabindra Narayan Dutta Mr. Arkoday Mukherjee ..for the Panihati Municipality This application under Article 227 of the Constitution of India is at the instance of the developer and is directed against an order dated 13^th June, 2025 passed by the learned Civil Judge (Junior Division), 2^nd Court at Barrackpore in Municipal Appeal No. 3 of 2023.

By the order impugned the application for extension of the interim order filed under Section 151 of the Code of Civil Procedure was fixed on 8th July, 2025. The petitioner has challenged an order of demolition passed by the Municipality in an appeal filed under Section 218(3) of the West Bengal Municipal Act, 1993.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that unless an order of stay of the demolition order is passed, the petitioner is suffer irreparable loss and injury. He further submits that this Court passed an order of stay for a limited period and the learned trial judge did not pass any order of stay.

Mr. Dutta, learned advocate representing the Panihati Municipality opposes the prayer for stay. He submits that the stay application as well as the hearing of the appeal has been fixed and there is no necessity to pass any order of stay.

If during pendency of the said appeal the order of demolition is implemented, the instant appeal will become infructuous.

For the reason as aforesaid, this Court is inclined to pass an order of stay of operation of the order of demolition passed by the Panihati Municipality on 10^th April, 2025 till the end of the month of August, 2025 or until further orders whichever is earlier.

The petitioner is directed to serve a copy of this application upon the opposite parties by registered speed post with acknowledgement due and file an affidavit of service on the next date.

It is, however, made clear that pendency of this application shall not be an embargo upon the learned Civil Judge (Junior Division), 2^nd Court at Barrackpore to dispose of the Municipal Appeal No. 3 of 2023 as expeditiously as possible without granting any unnecessary adjournments to either of the parties provided the appeal is otherwise ready for hearing.

It will be open to the petitioner to pray for further interim order before the learned Civil Judge in the event the same is necessary.

List this matter under the heading “Listed Motion” in the Monthly List of August, 2025.

(Hiranmay Bhattacharyya, J.)