Biplab Kr. Chowdhury v. State Of West Bengal And ORS.

14.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 3108 of 2022 Biplab Kumar Chowdhury -versus The State of West Bengal & Ors.

Mr. Sayan Chattopadhyay, Mr. Rokon Ali, Mr. Rounak Majumdar, Mr. Koustav De.

...For the Petitioner.

Mr. Malay Singh, Mr. Tapas Ballav Mandal.

...For the State.

Mr. Basudeb Patra.

...For the Respondent Nos. 7 to 21.

The petitioner complains that the respondent nos. 7 to 21 were making illegal and unauthorized construction without obtaining any sanction plan from the Madhyamgram Municipality.

Learned advocate appearing for the respondent nos. 7 to 21 produces documents before this Court to show that the construction was made in accordance with the plan sanctioned by the Municipality. Occupancy certificate issued by the Municipality in respect of the holding no. 145/7, Najrul Islam Sarani, Ward No.5, Madhyamgram had been issued on 1st November, 2021.

Documents have also been produced to show that the property in question was mutated by the Municipality in favour of the owners.

None appears on behalf of the Madhyamgram Municipality.

The Court is not convinced with the allegation of unauthorized construction made by the petitioner. In view of the above, no relief can be granted in the instant writ petition.

The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)