Biswanath Seal And ANR v. State Of West Bengal And ORS.

16.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 4007 of 2022 Biswanath Seal & Anr.

-versus The State of West Bengal & Ors.

Mr. Sayan Chattopadhyay, Mr. Koustav Sen.

...For the Petitioner.

Mr. Soumitra Mukherjee, Mr. Shayak Chakraborty.

...For the State.

Mr. Aziz Amin.

...For the North Dum Dum Municipality.

Affidavit-of-service filed in Court today is taken on record.

The petitioners are aggrieved by the order dated 27th February, 2020 passed by the North Dum Dum Municipality.

It appears that there is an allegation of illegal construction against the petitioners.

An inspection was conducted by the Municipality wherefrom it appeared that the petitioners illegally and unauthorizedly constructed a gate on the western side of the ground floor without any approval of the Municipality.

In the completion plan, there was no entrance shown on the western side.

The Municipality directed the petitioners to close the entrance on the western side and to open the eastern side of the shop room.

The petitioners have been directed to clean the entrance and the car parking spaces.

The petitioners have failed to satisfy the Court with regard to the error in the order that has been passed.

It appears that the petitioners constructed the entrance in the western side instead of the eastern side. The Municipality merely directed the petitioners to close the entrance of the western side and to open the eastern side wall as an entrance.

It does not appear that there is any error in the order passed by the Municipality.

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.)