Abc Builder And Construction Limited ... vs Surajit Roy And Ors
2026 Latest Caselaw 766 Cal/2

Calcutta High Court

Abc Builder And Construction Limited ... vs Surajit Roy And Ors on 10 February, 2026

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

OD-2



                                  ORDER SHEET
                         IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                  ORIGINAL SIDE



                               APOT/21/2026
                              IA NO:GA/1/2026
               ABC BUILDER AND CONSTRUCTION LIMITED AND ORS.
                                    -VS-
                            SURAJIT ROY AND ORS.




BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA
And
The Hon'ble JUSTICE AJAY KUMAR GUPTA
Date: 10.02.2026.




       Mr. A. Banerjee, Sr. Adv.; Ms. M. Ghosh, Adv.; Ms. A. Bari, Adv., for petitioners.
  Ms. U. Chatterjee, Adv.; Ms. P. Das, Adv.; Ms. A. Sultana, Adv.; Ms. G. Raijada, Adv.,
                                                                        for respondent.

Ms. S. Chatterjee, Adv., for State.

Mr. A.K. Ghosh, Adv.; Mr. G.C.Das, Adv.; Mr. S. Chatterjee, Adv., for KMC.

1. The Court: Affidavit-of-service filed in Court is taken on record.

2. Scope of the instant appeal is limited. The appellants are aggrieved by orders of

the learned Single Bench, dated January 29, 2026, pre and post lunch. The

Single Bench of this Court was of the prima facie view that regularization of

construction obtained by the appellants may not have been in accordance with

law.

3. The Single Bench had called for the records of the Corporation to examine the

extent of regularization done and as to whether the same was in harmony with

the submissions that were made on the said writ petition and a previous

proceeding being WPO/563/2024.

4. The records of the Corporation have been kept in a sealed cover in the Court

room and the parties have been permitted to inspect the same. A Special Officer

has also been appointed to ascertain the facts and the current scenario at the

construction site in question.

5. This Court is of the view that the observations made in the impugned orders

dated January 29, 2026 are prima facie. The same are subject to the final

decision of the Single Bench after receiving the report of the Special Officer and

hearing the submissions of the parties based on the inspection of the records.

6. The Special Officer appointed by the Single Bench is hereby directed to complete

the inspection and submit a report within one week from date.

7. The appellants may file a comprehensive affidavit-in-opposition having regard to

the pleadings in the writ petition, the records of the KMC and the report of the

Special Officer within a period of two weeks from date after taking inspection of

the records filed by the KMC and lying before the Single Bench.

8. The writ petitioner-respondent may use a comprehensive affidavit-in-reply thereto

within one week thereafter.

9. The parties may approach the Single Bench for early hearing of the writ petition.

10. It is made clear that all questions of fact and law are kept open for all sides to

argue before the Single Bench.

11. With the aforesaid directions, APOT/21/2026 along with the connected

application stands disposed of.

(RAJASEKHAR MANTHA, J.)

(AJAY KUMAR GUPTA, J.)

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