Sova Pramanik v. The State Of West Bengal And ORS.

12.09.2025 (M/L 12) Ct.-17 (Susanta/ Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 7739 of 2025 Sova Pramanik -VsThe State of West Bengal & Ors.

Mr. Sayed Arif Ahmed, ... for the Petitioner.

Mr. Achintya Kumar Banerjee, Ms. Indumouli Banerjee, ...for the Ranaghat Municipality.

Mr. Gourav Das, Mr. Swapan Pal, .... for the State.

Mr. Dinendra Nath Chatterjee, .... for the Respondent no. 6.

The petitioner, in execution of a decree for Specific Performance of an agreement for sale, has purchased the subject property in the year 2019, prior thereto, the respondent no. 6, in the year 2012, had purchased a portion of the said property and upon obtaining building sanction plan from the Ranaghat Municipality, had put up construction on his purchased portion of the said property.

The vendor of the petitioner and the respondent no. 6 is common.

A suit for partition between the petitioner and the respondent no. 6 is pending before the competent civil Court.

The petitioner is complaining that the Ranaghat Municipality ought not to have granted building sanction plan in favour of the respondent no. 6 during the pendency of the said suit.

The dispute between the petitioner and the respondent no. 6, as it appears from the record,

is purely civil in nature, besides as submitted by Mr. Achintya Kumar Banerjee, learned advocate for the Ranaghat Municipality, the building sanction plan was issued in favour of the respondent no. 6 much prior to the decree passed in the suit for specific performance in favour of the petitioner.

W.P.A. 7739 of 2025, for the aforesaid reason, is dismissed without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)