Sk Amin vs Kolkata Municipal Corporation And Ors
2025 Latest Caselaw 2663 Cal/2

Calcutta High Court

Sk Amin vs Kolkata Municipal Corporation And Ors on 18 September, 2025

OD 25
                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                          ORIGINAL SIDE

                          WPO/430/2025
                             SK AMIN
                                VS
              KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE
HON'BLE JUSTICE GAURANG KANTH
Date: SEPTEMBER 18, 2025.
                                                           Appearance :
                                               Mr. Kajal Baran Ray, Adv.
                                                          ...for petitioner
                                                Mr. Alak Kr. Ghosh, Adv.
                                           Mr. Swapan Kr. Debnath, Adv.
                                                 Ms. Manisha Nath, Adv.
                                                              ...for KMC.

          The Court: - The petitioner has preferred the present writ

petition seeking regularisation under Section 403 of the Kolkata

Municipal Corporation Act for premises No. 8/1, Bishnubabu Lane,

Khidirpore, P.S. Watgunge, Ward No. 76, Kolkata.

          It is the case of the petitioner that construction was carried

out in accordance with a sanctioned plan and that the additional

illegal and unauthorised constructions are minor in nature and

capable of being regularised.

          Learned Counsel for the respondent Corporation has

handed over a copy of an order passed under Section 408 of the KMC

Act, directing demolition of the unauthorised structure. A copy of the

said order has also been handed over to the learned Counsel for the

petitioner.

Learned Counsel for the petitioner seeks liberty to obtain

instructions from his client regarding challenging the said demolition

order and, accordingly, seeks to withdraw the present writ petition.

Report filed by the learned Counsel for the respondent

Corporation is taken on record.

Learned Counsel for the petitioner has relied upon a

judgment of the Hon'ble Supreme Court in Bijay Biswakarma vs.

Rajkumari Devi Singh & Others, reported in 2024 SCC OnLine SC

2918, to submit that during the pendency of a regularisation

application, no coercive action should be taken by the respondent

Corporation. However, the facts of the present case are

distinguishable and not covered by the said judgment, inasmuch as

the respondent Corporation has already passed a demolition order

under Section 408 of the KMC Act.

In view of the above, learned Counsel for the petitioner

seeks time to obtain further instructions.

Learned Counsel for the petitioner now seeks to withdraw

the present writ petition, in light of the demolition order already

having been passed in respect of the subject premises.

Liberty is granted to the petitioner to initiate appropriate

proceedings in accordance with law.

The writ petition is accordingly dismissed as withdrawn.

(GAURANG KANTH, J.)

GH.