Dr. Debotosh Sen Purkayastha v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 205 27.2.2025 Sc Ct. no.15 WPA 869 OF 2025 -------------- Dr. Debotosh Sen Purkayastha Vs.

The State of West Bengal & Ors.

Mr. Ashit Chakraborty Mr. Bodhiswatta Chakraborty Mr. Jagajyoti Guha .... For the Petitioner Mr. Ankit Sureka Mr. Biplab Das.

.... For the Respondent No.2 Mr. Sourabh Sengupta .... For the Respondent Nos.3 & 4 (Appears through VC) The petitioner, a member of Navadarsha Cooperative Housing Society Limited has filed this writ petition challenging an order dated August 6, 2024 appearing at page 37 to the writ petition. The order impugned dated August 6, 2024, passed by the Deputy Registrar of Co-operative Societies, Barasat, North 24Parganas, makes it clear that he has passed a self demolition order in respect of a building constructed by the petitioner without hearing him on the ground that it is in violation of the sanctioned building plan, issued by the relevant municipality.

Nothing more needs to be said to set aside the order impugned dated August 6, 2024 and, accordingly, the same is set aside.

The petitioner shall be at liberty to proceed with the construction in terms of the sanctioned plan granted by the concerned municipality.

If there is any violation of sanctioned plan, the Society will be at liberty to file a complaint before the concerned municipality and the municipality will take steps in accordance with law.

W.P.A. 869 of 2025 is allowed.

There will be no order as to costs.

Photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all necessary formalities.

(Kausik Chanda, J.)