The Calcutta High Court has refused to stop the removal of a temporary book stall run by the Communist Party of India (Marxist) near Jadavpur Coffee House during Durga Puja, holding that an application for permission and payment of the prescribed fee do not authorise the stall’s operation without formal approval.
Justice Partha Pratim Roy dismissed the party’s plea, observing that a valid permission to set up the stall was a necessary condition for seeking judicial protection against its removal.
The dispute arose after individuals allegedly associated with the Kolkata Municipal Corporation (KMC), accompanied by a large police contingent and a bulldozer, attempted to dismantle the stall on October 17.
The CPI(M) approached the High Court seeking protection for the stall, which it has traditionally operated in front of Jadavpur Coffee House during Durga Puja for the past 49 years.
In keeping with its longstanding practice, the party had submitted an application on September 19, 2026, to the office of the Assistant Director, SWM-I, Borough X, of the KMC. It also paid ₹3,208 towards the requisite fee and sent a letter to the officer-in-charge of the nearby police station.
However, the Court noted that the payment receipt was subject to police permission and did not establish that the necessary approval had actually been granted.
Justice Roy pointed out that the very act of applying for permission and depositing the fee demonstrated that the party understood approval to be mandatory before operating the book stall. Despite these steps, no permission had been issued.
The Court also relied on the legal position laid down by a Division Bench in MAT 1881 of 2026, which required parties seeking judicial protection for a stall to first establish that they possessed valid permission to operate it.
Since the CPI(M) could not demonstrate that such authorisation had been granted, the Court held that it was not entitled to the relief sought and dismissed the petition.
The ruling draws a clear distinction between completing the formalities for seeking permission and actually receiving the approval required to run a temporary stall.