Authority: Calcutta High Court (Constitutional Writ Jurisdiction, Appellate Side)

Order Date: 2 November 2026

Case Overview

  • Petitioners Ayush Kumar Murarka & Ors. (WPA 26547 of 2026) and More Retail Pvt. Ltd (WPA 28503 of 2026) challenged the evacuation order dated 19 August 2026 issued by the Divisional Fire Officer‑in‑Charge, South Kolkata Division, under Section 37A(1) of the West Bengal Fire Services Act, 1950, following a fire at premises No. 15G, Mirza Ghalib Street, Kolkata (02:07 a.m.).
  • The fire officer directed residents/occupiers to vacate within one hour; the premises were vacated by the petitioners and other occupants.
  • Petitioners sought permission to collect personal belongings, essential documents, and bank papers from the vacated premises.
  • The Coordinated Bench heard the petition on 28 October 2026 and directed the Officer‑in‑Charge, New Market Police Station to fix a suitable date and time for inspection.
  • A letter dated 2 November 2026 from the police officer confirmed that inspection could be held on 5 November 2026.
  • Petitioners had submitted a representation to the Divisional Fire Officer‑in‑Charge on 27 August 2026, which remained unconsidered.

Court Directions

1. A joint inspection shall be conducted from 5 November 2026 to 7 November 2026, between 10 a.m. and 3 p.m., in the presence of the Officer‑in‑Charge of New Market Police Station (or any authorized police officer) and a responsible officer of the West Bengal Fire Department.

2. Respondent No. 2 (Divisional Fire Officer‑in‑Charge) is directed to consider the petitioners’ representation dated 27 August 2026 within two weeks of this order, after granting a hearing to the petitioners and any other interested persons, and to pass a reasoned order within one week of such hearing, in accordance with law.

3. Both writ petitions are hereby disposed of.

Final Outcome

  • The court ordered a joint police‑fire inspection to enable petitioners to retrieve their belongings, mandated the fire authority to adjudicate the pending representation within stipulated timeframes, and dismissed the writ petitions.

Topics: Fire Safety, Judicial Relief