Arpon Chakraborty vs Bhakti Bhusan Sarkar And Ors
2026 Latest Caselaw 1947 Cal/2

Calcutta High Court

Arpon Chakraborty vs Bhakti Bhusan Sarkar And Ors on 17 March, 2026

Author: Shampa Sarkar

Bench: Shampa Sarkar

OD 8
                                    ORDER SHEET
                           IN THE HIGH COURT AT CALCUTTA
                            CIVIL APPELLATE JURISDICTION
                                    ORIGINAL SIDE

                             APOT/29/2026
                           IA NO: GA/1/2026,
                               GA/2/2026,
                               GA/3/2026
                           ARPON CHAKRABORTY
                                   VS
                     BHAKTI BHUSAN SARKAR AND ORS

  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR
  The Hon'ble JUSTICE AJAY KUMAR GUPTA
  Date: 17th March, 2026.

                                                                                  Appearance:
                                                                Mr. Sauvik Nandy, Sr. Adv.
                                                                   Mr. Dyutimoy Paul, Adv.
                                                                        . . .for the applicant
                                                                   Mr. Srikanta Dutta, Adv.
                                                         Mrs. Rituparna Sarkar Dutta, Adv.
                                                                     ...for respondent no. 1

Mr.Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

. . .for KMC

The Court: IA GA 1 of 2026 is an application for leave to appeal from the

judgment and order dated January 27, 2026 passed by the learned Single Judge in WPO

846 of 2025. The order was passed in the absence of the appellant and a direction was

passed upon the corporation to act and proceed in accordance with law on the basis of

the demolition order. As the demolition order pertains to the applicant's premises, we

allow the application for leave to appeal. G.A 1 of 2026 is allowed.

We now proceed to deal with the appeal. Learned Single Judge was of the view

that the Municipal Authorities must take appropriate steps for implementation of their

own order in accordance with law and preferably within four weeks. The writ petition

was filed by respondent no. 1 alleging that Kolkata Municipal Corporation had failed and

neglected to carry out its own order of demolition of the premises in question. Learned

Single Judge did not express any opinion on the merits of the order of demolition, apart

from directing the Corporation to act and proceed in accordance with law. The main

order of demolition has been challenged by the appellant by filing a writ petition, which

is pending.

Under such circumstances, the remedy of the appellant is before the appropriate

forum against the order of demolition. We are not inclined to go into the merit of the

order of demolition as the same was not the subject matter of the writ petition. The

appeal is accordingly disposed of.

All the parties shall make their respective submissions before the appropriate

forum.

(SHAMPA SARKAR, J.)

(AJAY KUMAR GUPTA, J.)

TR/