Sk. Mahbub Hossain vs The State Of West Bengal And Ors
2026 Latest Caselaw 1531 Cal/2

Calcutta High Court

Sk. Mahbub Hossain vs The State Of West Bengal And Ors on 27 February, 2026

ORDER                                                                     OD-2


                    IN THE HIGH COURT AT CALCUTTA
                   CONSTITUTIONAL WRIT JURISDICTION
                             ORIGINAL SIDE

                             WPO(P)/1/2024
                         SK. MAHBUB HOSSAIN
                                  VS.
                  THE STATE OF WEST BENGAL AND ORS.


BEFORE:
THE HON'BLE JUSTICE SUJOY PAUL, CHIEF JUSTICE
                  AND
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date : 27th February, 2026.
                                                                           Appearance :

                                      Mr. Sirsanya Bandopadhyay, Sr. Standing Counsel
                                                            Mr. Debangsu Dinda, Adv.
                                                                           ...for State

                                                  Mr. Ashoke Kr. Chakraborty, Ld. ASGI
                                                        Mr. Sukanta Chakraborty, Adv.
                                                          Mr. Tirthapati Acharyya, Adv.
                                                              ...for the respondent no.2

Mr. Ashok Kumar Banerjee, Sr. Adv.

Mr. Alak Kr. Ghosh, Adv.

Mr. Nilotpal Chatterjee, Adv.

Mr. Arijit Dey, Adv.

...for respondent Nos.12 & 13 / KMC

Mr. Somnath Bose, Adv.

..for CESC Ltd.

Sk. Md. Galib, Adv.

Mr. Abu Siddique Mallik, Adv.

..for Respondent Nos.14 & 15, Board of Waqf, WB.

Mr. Kamlesh Jha, Adv.

Md. Raihan Islam, Adv.

..for respondent no.27

1. Parties through their counsel.

2. During the course of hearing, learned ASG submitted that in view of the

order of Hon'ble Supreme Court dated 17th September 2024 passed in

SLP (Civil) No.11834 of 2024 and two orders of this Court dated 23rd April

2025 and 22nd May 2025, the municipal corporation was required to

comply with the orders and report compliance before this Court, failing

which, this Court directed that it may direct personal appearance of the

Commissioner of Police, Kolkata and Commissioner of KMC.

3. Learned ASG submits that sufficient time elapsed but till date the order of

this Court, which received seal of approval from Hon'ble Supreme Court,

has not been translated into reality. In addition, the subsequent orders

passed by the Division Bench on 23rd April 2025 and 22nd May 2025 have

not been implemented.

4. Faced with this, learned counsel for KMC prays for and granted two

weeks' time as a last chance to file his report which shall disclose about

their action for implementation of the aforesaid order of the Hon'ble

Supreme Court coupled with two orders of this Court dated 23rd April

2025 and 22nd May 2025. Mr. Bandopadhyay for the State submits that

he shall also file report in relation to the said aspect within 15 days.

5. Thus, the KMC and State must file their report within 15 days by

supplying copy to all the counsel for the parties. In turn, exception may

be filed within 15 days therefrom. If no report is filed, this Court may

direct personal presence of the Commissioner of Police, Kolkata and

Commissioner of KMC.

6. List this matter with connected applications in the second half of April

2026.

(SUJOY PAUL, CJ.)

(PARTHA SARATHI SEN, J.)

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