Sk Md Ishque vs Md Shahid And Ors
2026 Latest Caselaw 2333 Cal/2

Calcutta High Court

Sk Md Ishque vs Md Shahid And Ors on 25 March, 2026

Author: Shampa Sarkar

Bench: Shampa Sarkar

OD 3
                                   ORDER SHEET
                          IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISDICTION
                                   ORIGINAL SIDE

                                APOT/51/2026
                             IA NO: GA/1/2026,
                                  GA/2/2026,
                                  GA/3/2026
                                SK MD ISHQUE
                                      VS
                             MD SHAHID AND ORS.
  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR
  The Hon'ble JUSTICE AJAY KUMAR GUPTA
  Date: 25th March, 2026.

                                                                               Appearance:
                                                             Mr. Biswajit Mukherjee, Adv.
                                                                Mr. Avirup Chatterjee, Adv.
                                                         Mr. Sumitava Chakraborty, Adv.
                                                                       Mr. Rishov Das, Adv.
                                                         Mr. Shantanu Chakraborty, Adv.
                                                                        ...for the appellants
                                                          Mr. Sounak Bhattacharya, Adv.
                                                                     Ms. Satabdi Das, Adv.
                                                              Mr. Anirban Saha Roy, Adv.
                                                             ...for respondent nos. 8 to 10

Mr. Alak Kr. Ghosh, Adv.

Ms. Manisha Nath, Adv.

...for KMC

The Court: IA GA 1 of 2026 is an application for leave to appeal. GA 2 of 2026 is

an application for condonation of delay in filing the application for leave to appeal from

the judgment and order dated January 15, 2026 passed by the learned Single Judge in

WPO 759 of 2025.

Upon considering the averments in paragraphs 5 to 12 of the said application, we

are satisfied that the delay of 26 days in filing the appeal has been explained. GA 2 of

2026 is allowed. Now we propose to take up the application for leave to appeal.

GA 1 of 2026 is allowed on considering the fact that the applicant, who seeks to

file the appeal from the order passed by His Lordship, claims to be the developer and the

person responsible for the construction. The order which was passed by His Lordship in

WPO 759 of 2025 adversely affects the construction raised by the applicant.

Now we proceed with the appeal.

We are of the view that appellant should be made a party to the writ proceeding

and accordingly addition of the appellant in the writ proceeding is allowed. The writ

petitioner will take necessary steps and serve a copy of the writ petition to the learned

Advocate for the appellant.

It is submitted by Mr. Ghosh, learned advocate for the Corporation that

inspection has already been held and it has been found that the demolished portion had

been restored. However, as the appellant, who is a person responsible for the

construction, was not before His Lordship when the order was passed, the restoration of

the demolished area shall not take place for a period of four weeks. The report shall be

filed before His Lordship by the Corporation and thereafter circulated amongst the

parties. The appellant shall raise his grievance before His Lordship. Paragraph 5 of the

order is modified to the extent that till further order by His Lordship, demolition will not

take place. However it is made clear that no construction will be permitted on the

building till further order of the Writ Court and the corporation as also the Police

Authorities will maintain strict vigil. If any further construction activity is found prompt

action will be taken to stop the same.

Accordingly the appeal is disposed of.

(SHAMPA SARKAR, J.)

(AJAY KUMAR GUPTA, J.)

TR/