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The Calcutta High Court has dismissed a writ petition filed by the Association for Protection of Democratic Rights (APDR), seeking an independent enquiry into the alleged unauthorized demolition of its temporary book stall in Kolkata, observing that the organisation had erected the stall without obtaining permission from the authorities.

Justice Rishad Medora held that the petitioner could not presume that the authorities' silence on its application seeking permission to set up the stall meant that there was no impediment to its construction.

"It does not appear that any fundamental right of the petitioner has been violated for it to approach this Court in its writ jurisdiction," the Court observed.

APDR had approached the High Court seeking directions to the authorities to conduct an independent, impartial and time-bound enquiry into the circumstances surrounding the alleged demolition of its temporary book stall on October 19, 2026.

The organisation submitted that it had applied to the concerned authorities for permission to install a temporary book stall. However, no permission was granted. Despite this, APDR presumed that the authorities' failure to respond to its application meant that it could proceed with setting up the stall.

Accordingly, the organisation erected the book stall on October 17, 2026. The structure was subsequently demolished, though the petitioner claimed that it was unaware of who had carried out the demolition.

APDR also sought compensation for the loss and injury allegedly suffered due to the demolition. It further contended that its representation dated October 21, 2026, submitted to the authorities, including respondent nos. 3 and 5, had not been considered.

The State opposed the plea, submitting that directing the authorities to consider the representation would serve no purpose since the book stall itself had been erected without obtaining the requisite permission.

Agreeing with the submission made on behalf of the State, the Court held that the petitioner had no basis to invoke its writ jurisdiction on the ground of violation of a fundamental right.

The Court, however, clarified that APDR would remain at liberty to pursue other remedies, if any, available to it in respect of the demolition.

Accordingly, the writ petition was dismissed, with no order as to costs.

Advocates Debangana Dey and Bhaskar Roy appeared for APDR. Senior Advocate Piyush Chaturvedi and advocates Nilanjan Chatterjee, Anindya Basu and Indradeep Pal represented the respondents.