Amit Kumar Ghosh v. Howrah Municipal Corporation And Others

Sl. No.A150.

13.01.2025 Suman Ct. 15 WPA 9718 of 2022 Amit Kumar Ghosh Vs.

Howrah Municipal Corporation and Ors.

Mr. Sumitava Chakraborty Mr. Sounak Chatterjee ..for the petitioner Ms. Shebatee Datta Ms. Poulami Roy ..for respondent no.9.

Ms. Bratati Pramanick ..for respondent no.10 I am not inclined to pass any order in this writ petition at the instance of the petitioner.

It is undisputed that the petitioner, through a sublease, acquired leasehold rights over the property located at 13, Gadadhar Mistry Lane, P.S. Shibpur, District Howrah, in the year 2022. The petitioner seeks the demolition of an alleged unauthorised construction at the said premises, from which respondent no. 9 operates a Society.

The learned advocate for the petitioner submits that there is no sanctioned plan for the relevant land. In response, the learned advocate for respondent no. 9 asserts that the Society is engaged in various

philanthropic activities, and further, the building in question existed long before the petitioner acquired rights over the property. This suggests that the petitioner may be attempting to evict respondent no. 9 through a demolition order of the Corporation. Given these circumstances, I am not inclined to pass any order in this writ petition. It is, however, made clear that the petitioner is at liberty to take appropriate legal steps for the eviction of respondent no. 9. Accordingly, WPA 9718 of 2022 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)