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08

20.05.2026

sayandeep

Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

WPA 3201 of 2026

Suraj Prakash Bathwal

Versus

Kolkata Municipal Corporation & Ors.

Mr. Pradip Mukherjee

Mr. Avishek Guha

Mr. Subhajit Das

… For the petitioner.

Mr. Biswajit Mukherjee

Mr. Dwijadas Chakraborty

…For Kolkata Municipal Corporation.

1. The present writ petition has been filed, inter alia,

challenging the stop work notice dated 23^rd

October, 2025 and the police intimation given on

29^th October, 2025. According to the petitioner,

the municipal authorities without carrying out an

inspection in presence of the petitioner and/or

without putting the petitioner on notice has

issued the aforesaid stop work notice.

2. In this context, reliance has been placed on an

order passed by this Court on 15th December,

2025 in WPA 26172 of 2025 whereby this Court

had directed the municipal authorities to carry

out an inspection of the premises upon prior

notice to the petitioner and take a decision on the

stop work notice issued in such matter.

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WPA 3201 of 2026

3. Having heard the learned advocates appearing for

the parties, it transpires that the aforesaid stop

work notice was earlier challenged in WPA 26172

of 2025 whereupon this Court was, inter alia,

pleased to pass the following order:

“Affidavit of service filed in Court is taken on

record.

The petitioner would complain that the petitioner

had applied before the municipal authorities on 8^th

September, 2025 for certain repairing works at

premises no. 23B, Radha Madhab Dutta Garden

Lane, Kolkata – 700 010, Ward No. 33, Borough 3,

which includes 1) plastering of walls, inside and

outside, 2) repair of damage floor, 3) damage of tin

shed, 4) repairing of doors and windows and

colour washing and painting and though the

municipal authorities by their response in writing

dated 8^th September, 2025 had observed that no

permission is necessary in terms of Rule 3(2) of

the Kolkata Municipal Corporation Building Rules,

2009, however, all on a sudden a stop work notice

has been issued on 23^rd October, 2025.

Though the petitioner had made a representation

on 5^th November, 2025 the municipal authorities

are sitting tight over the matter and taken no steps

in this regard.

Mr. Mukherjee, learned advocate appears for the

municipal authorities.

Having heard the learned advocates appearing for

the respective parties and noting that from the

submissions made by the learned advocate for the

petitioner that the aforesaid stop work notice has

been issued in a mechanical manner without

holding any inspection and also noting that the

stop work notice has been issued without any

further steps in this regard by the municipal

authorities, I am of the view in the fitness of the

things it would be prudent to direct the municipal

authorities to carry out an inspection of the

aforesaid premises upon prior notice to the

petitioner and take a decision on the stop work

notice and the subsequent steps to be taken by

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WPA 3201 of 2026

the municipal authorities as expeditiously as

possible, preferably within a period of two weeks

from the date of communication of this order.

It is made clear that if no infractions of the rules

are noted, the stop work notice shall be

withdrawn. On the contrary if the Building Rules

are found to be violated, appropriate steps shall

be taken by the municipal authorities.

With the above observations and directions, the

writ petition is disposed of.

Urgent Photostat certified copy of this order, if

applied for be given to the parties upon compliance

with the requisite formalities.”

4. There has been no favourable change of circumstances

for the petitioner to approach this Court once again

especially when the previous challenge made by the

petitioner to set aside the stop work was in effect

turned down though with certain directions. Report

filed by the municipal authorities in Court today,

would clearly demonstrate that joint inspection

was carried on at the locale on 18^th February,

2026. As per the attendance sheet disclosed, it is

apparent that