The Calcutta High Court has dismissed a writ petition seeking an independent inquiry and compensation over the demolition of a temporary book stall, observing that the stall had been erected without obtaining the necessary permission from the authorities.
Justice Rishad Medora held that the petitioner had not demonstrated any violation of its fundamental rights warranting the Court's intervention under its writ jurisdiction.
Background
The petition was filed by the Association for Protection of Democratic Rights (APDR), challenging the alleged unauthorised demolition of its temporary book stall on October 19, 2026.
According to the petitioner, it had approached the concerned authorities seeking permission to install the stall. However, no response was received to its application. The organisation assumed that the authorities' silence meant there was no objection and erected the stall on October 17, 2026.
The stall was subsequently demolished, although the petitioner stated that it did not know who was responsible. It also sought an inquiry into the incident and compensation for the loss suffered. The petitioner relied on a representation dated October 21, 2026, which it claimed had not been considered.
After hearing the parties, the Court noted that permission to install the temporary book stall had admittedly not been granted. It observed that merely because the authorities had remained silent on the application, the petitioner could not presume that permission had been obtained.
The Court agreed with the State's submission that directing consideration of the representation would serve no useful purpose in the circumstances.
Justice Medora observed:
"It appears that the petitioner sought permission from the concerned authorities for the purposes of installing a temporary book stall. Admittedly, no such permission was granted. The petitioner presumed that in view of the silence on the part of the respondent authorities in response to its application/representation seeking permission to construct the aforesaid bookstall, no impediment would be raised to the construction of the said book stall."
The Court further clarified that since no affidavit had been called for from the respondents, the allegations made in the writ petition would not be treated as admitted.
The High Court dismissed the writ petition, holding that the petitioner had not established a violation of any fundamental right that would justify interference under its writ jurisdiction.
However, the Court left the petitioner free to pursue other remedies available under law concerning the demolition.
"The petitioner will be at liberty to pursue other remedies, if any, available to it in respect of the aforesaid demolition."
The Court also directed that there would be no order as to costs.
Case Details
Case Title: Association for Protection of Democratic Rights (APDR) v. The State of West Bengal & Ors.
Case Number: WPA 31420 of 2026
Judge: Justice Rishad Medora
Decision Date: November 10, 2026
