Abhishek Roy and Ors. Vs Dibaskar Saha and Ors. — Calcutta HC (2025) — LawSathi Research

Abhishek Roy and Ors. Vs Dibaskar Saha and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the appellants; MAT 690 of 2025 stands dismissed with demolition to proceed as ordered (idols to remain under the banyan tree); CAN 1 of 2025 disposed of; no order as to costs.

Issue for consideration

Whether the Division Bench should interfere with the impugned Single Bench order dated 22nd April, 2025, i.e., whether the pendency of civil suit T.S. 111 of 2023 can stand in the way of the Bidhannagar Municipal Corporation executing its statutory duty of demolishing the unauthorized temple structure.

Court's answer

The finding of the Single Bench that a civil proceeding cannot stand in the way of execution of statutory duties by the Municipal Corporation cannot be faulted.

Ratio / Principle

This Court finds no reason whatsoever to interfere with the impugned order; the Bidhannagar Municipal Corporation shall carry out the demolition as ordered and ensure that the idols remain under the banyan tree in question.

Detailed headnote1 paragraphs

Division Bench dismissed M.A.T. No. 690 of 2025, declining to interfere with the Single Bench order dated 22nd April, 2025. The appellants had constructed a temple without sanction or authority from the Bidhannagar Municipal Corporation. An earlier writ petition (WPA 23133 of 2019) by an aggrieved person led to a Single Bench direction for demolition (17th May, 2023); on appeal (MAT 1022 of 2023) the Division Bench required the Municipal Commissioner to pass a speaking order, which he did on 17th October, 2023 — ordering the idols to remain where they are (under the banyan tree) but directing demolition of the unilaterally constructed temple structure. A civil suit (T.S. 111 of 2023, Civil Judge (Jr. Division), 1st Court, Barasat) challenging the Commissioner's order is pending, with no injunction passed. Holding that a civil proceeding cannot stand in the way of execution of statutory duties by the Municipal Corporation, the Court directed the Corporation to carry out the demolition as ordered and ensure the idols remain under the banyan tree; CAN 1 of 2025 was disposed of and there was no order as to costs.

26.06.2025. Item No. 33. Court No. 13

sp

M.A.T. No. 690 of 2025

With I.A. No. CAN 1 of 2025

Abhishek Roy & Ors. Versus Dibaskar Saha & Ors.

Mr. Pratip Kumar Chatterjee, ld. Sr. Adv. Mr. Ahish Deb, Mr. Sandip Ray,

Ms. Maitrayee Chatterjee.

…For the appellants.

Mr. Prantick Ghosh, Ms. Shrawani Ghosh.

…For the respondent no. 1.

Mr. Gausul Alam, Ms. Payel Mitra.

..for the State.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey. ..for the Bidhannagar Municipal Corporation.

The instant appeal is directed against an order dated 22^nd April, 2025 passed by a Single Bench of this Court.

The facts relevant to the appeal are an unauthorized and illegal construction of a temple by the appellants. It is an admitted position that the construction is without sanction or authority from the Bidhannagar Municipal Corporation.

In an earlier writ petition, filed by a person aggrieved with the construction, being WPA 23133 of 2019, a Single Bench of this Court directed demolition

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of the temple structure for want of sanction plan and authority, vide its order dated 17^th May, 2023. On an appeal against the said order, being MAT 1022 of 2023, the Division Bench directed the Municipal Commissioner of the Bidhannagar Municipal Corporation to pass a speaking order after affording an opportunity of hearing all parties including the appellants.

The Municipal Commissioner took up the hearing and passed a reasoned order comprising in well over 25 pages, inter alia, holding that there was a dispute as to how long ago the idols existed thereat. Admittedly, it was found by the Municipal Commissioner that the idols of the deities were kept under a banyan tree and local people, offered prayers thereunder. The Municipal Commissioner ordered the idols to remain where they are but has directed demolition of the temple structure that was constructed unilaterally by the appellants.

Learned counsel for the appellants would argue that challenging the order of the Municipal Commissioner dated 17^th October, 2023, there is a civil suit pending being T.S. 111 of 2023 before the learned Civil Judge (Jr. Division), 1^st Court at Barasat (Abhishek Roy & Ors. Vs. The Mayor, Bidhannagar Municipal Corporation). Admittedly, there is no injunction as yet passed in the said civil suit. In any event, the finding of the Single Bench that a civil

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proceeding cannot stand in the way of execution of statutory duties by the Municipal Corporation, cannot be faulted.

For the reasons stated hereinabove, this Court finds no reason whatsoever to interfere with the impugned order. The Bidhannagar Municipal Corporation shall carry out demolition as ordered and ensure that the idols remain under the banyan tree in question.

With the aforesaid observations, MAT 690 of 2025 shall stand dismissed.

Consequently, CAN 1 of 2025 shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )

( Ajay Kumar Gupta, J. )