The Calcutta High Court has dismissed a petition filed by the Communist Party of India (Marxist) (CPI(M)) seeking protection against the removal of its temporary bookstall near Jadavpur Coffee House in Kolkata. Justice Partha Pratim Roy held that applying for permission and paying the required fee to the Kolkata Municipal Corporation (KMC) did not entitle the party to operate the stall without the necessary approval.
Background
The CPI(M)’s Jadavpur 1 Area Committee approached the High Court after alleging that municipal officials, accompanied by a substantial police contingent and a bulldozer, attempted to remove its temporary bookstall on October 17, 2026.
According to the petition, the party had been organising the bookstall in front of Jadavpur Coffee House during Durga Puja for 49 years. For the 2026 festivities, it proposed to operate a 16-by-20-foot stall from October 13 to October 22.
The party stated that it had applied to the KMC for permission on September 19 and informed the officer-in-charge of Jadavpur Police Station about the proposed installation. It also deposited ₹3,208 with the municipal corporation towards the temporary stall.
The CPI(M) sought directions restraining the authorities from forcibly removing or dismantling the structure except in accordance with law. However, the State and other respondents did not appear during the hearing.
After examining the records, Justice Roy noted that the payment receipt was accepted subject to police permission. The court found that the required permission to operate the bookstall had not been granted.
The court observed:
“Running of the aforesaid bookstall an application for permission was also made on 19th September, 2026 and an amount was also deposited with the Kolkata Municipal Corporation for grant of such permission. Therefore, by the aforesaid acts of the petitioner, itself proves that obtaining permission is mandatory before running of the bookstall, and therefore, such application was made. The receipt showing of depositing money was accepted subject to police permission. In the present case, it is admitted fact that no permission was granted to the petitioner for running the bookstall.”
Justice Roy also relied on an earlier Division Bench ruling in a similar dispute involving a CPI(M) bookstall. In that matter, the court had emphasised that a party seeking judicial protection must first establish that it had obtained permission to erect the stall.
The earlier ruling stated:
“We also record that any party, who approaches the Court, will have to be first establish whether the said party has a permission for erecting a stall.”
Holding that the CPI(M) had failed to establish the existence of valid permission, the High Court concluded that the party was not entitled to the relief sought.
Justice Roy accordingly dismissed the writ petition and directed that there would be no order as to costs.
Case Details
Case Title: Communist Party of India (Marxist) v. State of West Bengal & Ors.
Case Number: WPA 31289 of 2026
Judge: Justice Partha Pratim Roy
Decision Date: October 20, 2026
