No Fundamental Right Violated Where Book Stall Was Erected Without Permission, Rules Calcutta High Court in Association for Protection of Democratic Rights v. State of West Bengal
Case: Association for Protection of Democratic Rights (APDR) v. The State of West Bengal and Others
Date of Judgment: 10 November 2026
Court: Calcutta High Court
Coram: Justice Rishad Medora
Proceedings: WPA 31420 of 2026
Court Observation
“It does not appear that any fundamental right of the petitioner has been violated for it to approach this Court in its writ jurisdiction.”
Summary
The Calcutta High Court has dismissed a rights group’s plea for an independent, time-bound inquiry into the demolition of its temporary book stall during Durga Puja, holding that no fundamental right was shown to have been violated where the stall had been put up without any permission. The Association for Protection of Democratic Rights (APDR) had applied to the authorities for permission to set up the stall near Jadavpur 8B Bus Stand; no permission was granted, but treating the authorities’ silence as no objection, the organisation erected the stall on 17 October 2026. It was demolished on 19 October 2026, and the petitioner said it did not know who had pulled it down.
APDR sought an inquiry into the demolition and compensation for its loss, and also asked for a direction to decide its representation dated 21 October 2026. The Court accepted the State’s submission that directing consideration of the representation would be futile, since the stall had been erected without any permission. Since no affidavit had been called for, the Court clarified that the allegations in the writ petition are deemed not to have been admitted by the respondents. It dismissed the petition with liberty to APDR to pursue any other remedies available to it, and made no order as to costs. The Court did not decide who demolished the stall or whether the demolition was lawful.
Key Holdings
- No fundamental right of the petitioner was shown to have been violated, so the writ petition could not be maintained on that footing.
- Official silence on an application for permission does not amount to permission; a structure put up on that assumption does not create an enforceable right to an inquiry or to have a representation decided.
- Where no affidavit has been called for, the allegations in a writ petition are deemed not to have been admitted by the respondents.
- Dismissal of the writ petition leaves the petitioner free to pursue any other remedies available to it in respect of the demolition, including any claim for compensation in an appropriate forum.
Background
APDR applied to the authorities for permission to set up a temporary book stall near Jadavpur 8B Bus Stand during Durga Puja. No permission was granted. Treating the authorities’ silence as no objection, the organisation erected the stall on 17 October 2026; it was demolished on 19 October 2026. APDR then sought an independent inquiry into the demolition and compensation, and complained that its representation dated 21 October 2026 had not been considered.
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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
