Writ Petition Challenging Sub-Divisional Officer’s Demolition Directive Dismissed; Court Emphasizes Compliance with Prior High Court Directions and Absence of Stay in Pending Appeal
In a significant judgment delivered on November 9, 2026, the Calcutta High Court dismissed a writ petition filed by Dulal Chandra Sanfui challenging an order passed by the Sub-Divisional Officer (SDO), Baruipur, directing the demolition of an allegedly illegal construction. The order, dated October 13, 2026, mandated the petitioner to demolish his building by October 28, 2026, following the High Court’s earlier directions.
The case has a long procedural history. Initially, private respondent no. 9 had sought demolition of the petitioner’s building on grounds of illegality under the West Bengal Panchayat Act, 1973 and the West Bengal Land Reforms Act, 1955. Although the initial writ petition for demolition was disposed of without a demolition order in April 2025, the private respondent filed an appeal. Subsequently, a Division Bench in August 2025 explicitly held the petitioner’s construction as ex facie illegal, ruling out any possibility of regularization under the applicable laws, and directed the SDO to take appropriate action after hearing both parties.
In an interim development, the SDO initially held the construction to be legal in November 2025, but this order was set aside by the High Court in September 2026. The Court then directed the SDO to proceed with demolition within ten days. The petitioner filed an appeal against this order, but no stay was granted on the demolition directive.
The petitioner contested the SDO’s October 2026 demolition order on the ground that his appeal was pending and thus demolition should be stayed. However, the Court found no illegality or procedural impropriety in the SDO’s order, noting that it was passed pursuant to the High Court’s directions and in the absence of any stay in the appeal proceedings. The Court further observed that the writ jurisdiction is not ordinarily concerned with the merits of the decision but focuses on the decision-making process, and here, no irregularity was demonstrated.
The Court emphasized that any relief or protection sought by the petitioner against the demolition order must be pursued through the appeal pending before the Division Bench rather than through a writ petition. It was noted that the petitioner had not actively pursued the appeal since the last hearing in October 2026.
Accordingly, the writ petition was dismissed with no order as to costs. The judgment reinforces the principle that administrative authorities must act in compliance with judicial directions and that pending appeals without stays do not automatically suspend execution of such orders.
Bottom Line:
Illegal construction - Demolition order passed by Sub-Divisional Officer pursuant to directions of the High Court - No stay order against the earlier High Court direction - Writ court not interfering with the decision-making process as no illegality or impropriety demonstrated.
Statutory provision(s):
West Bengal Panchayat Act, 1973, West Bengal Land Reforms Act, 1955
Dulal Chandra Sanfui v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 3015915
