WITHOUT
PREJUDICE
Date: 28th
August, 2026
To
The Officer-in-Charge
Haridevpur Police Station
Kolkata Police
Kolkata.
Ref.: WPA No. 10305 of 2025
Raj Kumar Gupta –Versus– The Kolkata Municipal
Corporation & Ors.
Subject: Intimation regarding obstruction of repair
work directed by the Hon’ble High Court at Calcutta on 24th August, 2026
Sir,
Under
instructions and on behalf of my clients, being the private Respondent Nos. 5
and 6 in the above-mentioned writ petition, I hereby bring the following facts
to your notice for information, official record and necessary assistance.
By
an order dated 12th August, 2026 passed in WPA No. 10305 of 2025, the Hon’ble
High Court at Calcutta directed that the damaged portions of the petitioner’s
premises be repaired by the private Respondent Nos. 5 and 6 in accordance with
the recommendations contained in the report dated 8th August, 2026 submitted by
the Kolkata Municipal Corporation. The Hon’ble Court further directed that the repair
work be carried out in the presence and under the supervision of the municipal
authorities.
Accordingly,
after giving prior written intimation, my clients attended the petitioner’s
premises at Premises No. 3312, Vidyasagar Sarani, P.S. Haridevpur, Kolkata –
700063, on 24th August, 2026. The concerned officials of the Kolkata Municipal
Corporation were also present to supervise the repair work.
However,
the petitioner, Mr. Raj Kumar Gupta, refused to permit my clients to commence
or carry out the repair work. Instead, he demanded demolition of the existing
structure and construction of a new building in its place. Such demand is
entirely beyond the scope of the KMC report and the order dated 12th August,
2026, which contemplate only repair of the damaged portions.
Despite
the readiness and willingness of my clients to undertake the directed repairs
at their own cost, the work could not be commenced solely because of the
petitioner’s refusal to grant access and cooperation. His conduct has
effectively prevented implementation of the direction of the Hon’ble Court.
You
are, therefore, requested to;
1.
Take
this communication on record and make an appropriate General Diary entry;
2.
Preserve
peace and prevent any untoward incident at the premises;
3.
Extend
necessary lawful assistance, if required, when the repair work is rescheduled
in the presence and under the supervision of the KMC authorities; and
4.
Ensure
that no person creates any unlawful obstruction to the implementation of the
order of the Hon’ble High Court.
My
clients remain ready and willing to carry out the repair work strictly in
accordance with the KMC report and the order dated 12th August, 2026, subject
to necessary access and cooperation being provided.
This
communication is issued for your information and necessary action, without
prejudice to the rights and contentions of the private Respondent Nos. 5 and 6.
Kindly acknowledge receipt and provide the General Diary Entry Number.
Yours faithfully,
Sanjib Saha
Advocate
High Court at Calcutta
Enclosures:
1.
Copy
of the order dated 12th August, 2026 passed in WPA No. 10305 of 2025;
2.
Copy
of the communication dated 20th August, 2026 issued to the KMC authorities; and
3.
Copy
of the communication issued to the KMC authorities regarding the incident dated
24th August, 2026.
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