Authority: Kolkata High Court, Division Bench

Order Date: 20 Oct 2026

Case Overview

  • Parties: Communist Party of India (Marxist) (petitioner) versus State of West Bengal and other respondents, including Kolkata Municipal Corporation and police authorities.
  • Nature: Urgent writ petition (WPA 31289 of 2026) seeking protection against forcible removal, dismantling, or damage to a temporary bookstall set up in front of Jadavpur Coffee House during Durga Puja.
  • Background: The petitioner’s Jadavpur 1 Area Committee has operated a bookstall at the same location for the past 49 years during Durga Puja. It applied for permission on 19 Sep 2026 to the Assistant Director SWM‑I, Borough‑X, Kolkata Municipal Corporation (KMC) to operate the stall from 13 Oct 2026 to 22 Oct 2026, with dimensions 16 ft. × 20 ft. A payment of Rs 3,208 was deposited with KMC.
  • Incident: On 17 Oct 2026 at approximately 6:30 p.m., individuals claiming to be KMC officials, accompanied by a substantial police contingent and a bulldozer, attempted to remove the bookstall.
  • Reliefs prayed: (a) Writ of Mandamus to restrain respondents from forcible removal except as per law; (b) Writ of Certiorari to produce all records related to the eviction; (c) Direction to consider prior applications and communications dated 19 Sep, 20 Sep, and 8 Oct 2026 and the receipt of Rs 3,200; (d) Interim order restraining demolition; (e) Ad‑interim order staying demolition; (f) Costs; (g) Any other appropriate orders.
  • Court’s Findings: The petitioner had indeed applied for permission and deposited the fee, but no permission was actually granted. The court referred to a prior judgment in MAT 1881 of 2026 (WPA 29837 of 2026) where the Division Bench held that a party must first establish that it has obtained permission before approaching the court for protection.
  • Applying that precedent, the bench concluded that the petitioner failed to demonstrate a valid permission for the bookstall; therefore, the protection sought could not be granted.

Final Outcome

  • The writ petition is dismissed in its entirety.
  • No order as to costs is made.
  • Parties may obtain a certified copy of the order upon compliance with formalities.

Topics: Legal Relief, Municipal Permission