2026 Supreme(Online)(Cal) 3611
IN THE HIGH COURT AT CALCUTTA
Partha Pratim Roy, J
Communist Party of India (Marxist) – Appellant
Versus
State of West Bengal – Respondent
WPA 31289 of 2026
Important Points
Subject
Administrative Law - Municipal Law
Headnote
(B) Writ Jurisdiction - Mandamus/Certiorari - Relief cannot be granted where the petitioner admits that no mandatory permission was granted for the activity in question. (Para 14, 17)
Issues: Whether the petitioner is entitled to protection against the removal of a temporary bookstall in the absence of valid permission from the municipal and police authorities.
Result: Dismissed
Legal Category Hierarchy
-
administrative law
-
government discretion and licensing
- licensing and permits
-
government discretion and licensing
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practice and procedure
-
writ jurisdiction
- mandamus
- interim relief
- burden of proof
-
writ jurisdiction
For the Appellants/Petitioners: Abhijit Mondal
For the Respondents:
This is an urgent matter, as mentioned by the writ petitioner seeking protection against the actions of the police authority regarding forcibly removing, dismantling or causing damage to the petitioner’s temporary bookstall situated in front of Jadavpur coffee house. Considering the urgency, this Hon’ble Court was pleased to hear the said application on urgent basis.
Records reveal that the petitioner is a political organization functioning through its Jadavpur 1 Area Committee and is engaged, inter alia, in various activities including the propagation of different political view points and distributions of various literary work.
It further appears that they are organizing bookstall for last 49 years in front of Jadavpur coffee house during the Durga Puja. Keeping with the said practice, the petitioner proposed to operate this temporary bookstall from 13th October, 2026 to 22nd October, 2026 with a specific dimension of 16 ft. by 20 ft. That for the purpose of running the said bookstall, the petitioner applied for permission to the office of Assistant Director SWM-I, Borough – X, Kolkata Municipal Corporation and also a letter was communicated to the concerned Officer-in-Charge indicating setting up of a bookstall from 13th October, 2026 to 22nd October, 2026.
It further appears that an amount of Rs.3208/-was also deposited with the department of KMC on account of installation of temporary bookstall in front of Jadavpur Super Market on and from 13th October, 2026 to 22nd October, 2026. Suddenly on 17th October, 2026 at approximately 6:30 p.m., some persons claiming to be an official of the Kolkata Municipal Corporation arrived at the site accompanied by a substantial police contingent, and a bulldozer and attempted to remove the petitioner’s bookstall.
Hence, this writ application has been filed for the following reliefs :
a) Issue a writ in the nature of Mandamus commanding the respondents, particularly the Kolkata Municipal Corporation, its officers and the respondent police authorities, to refrain from forcibly removing, dismantling or causing damage to the petitioner’s temporary bookstall situated in front of Jadavpur Super Market, beneath the Indian Coffee House, Jadavpur, Kolkata, except by the authority of law and in strict compliance with the procedure prescribed by law;
b) Issue a writ in the nature of Certiorari directing the respondents to produce and transmit before this Hon’ble Court all records, orders, directions and documents forming the basis of the attempted eviction of the petitioner’s bookstall on 17.10.2026, at approximately 6:30 p.m., for conscionable adjudication of the legality and propriety of the impugned action;
c) Direct the competent municipal authority to consider the petitioner’s prior application dated 19.09.2026, the communication dated 20.09.2026 addressed to the Officer-in-Charge, Jadavpur Police Station, the electronic-mail communication dated 08.10.2026 addressed to the senior police authorities, and the receipt evidencing payment of ₹3,200/-, and to pass a reasoned decision in accordance with law, if any issue concerning permission or compliance remains unresolved.
d) Pending disposal of the instant writ petition, pass an interim order restraining the respondents from forcibly removing or dismantling the petitioner’s temporary bookstall by deploying bulldozers, municipal machinery or police personnel, otherwise than in accordance with lawful authority and the procedure prescribed by law.
e) An ad-interim order directing the respondents to stay the process of demolition with immediate effect.
f) Costs and incidental charges.
g) Any other Order or Orders, Direction or Directions as Your Lordships may deem fit and proper.
That an advance copy of the writ application has been served upon the respondents intimating the matter will appear on 20th October, 2026. Let the same, as produced, be kept with the record. None appears for the respondents.
Heard the learned advocate