Kendriya Vihar Ii Apartment Owners Association v. State Of West Bengal And ORS

12.08.2021.

Item No. 90.

Court No.13 ap W.P.A. No. 12406 of 2021 (Through Video Conference) Kendriya Vihar-II Apartment Owner's Association

Versus

The State of West Bengal & Ors.

Mr. Bharat Bhusan.

..For the petitioner.

Mr. Rupak Ghosh, Mr. Syamantak Banerjee, Mr. Suryam Sengupta.

...For the respondent nos.7 to 14, 16 to 19 and 21 to 30.

Mr. Devajyoti Barman, Ms. Sanjukta Basu Mallick.

..For the respondent no.20.

Mr. Satyendra Agarwal, Mr. Bijoy Bag.

...For the respondent no.6.

Mr. Jishnu Chowdhury, Ms. Amrita Panja Moulick.

...For the State.

The petitioner is aggrieved by an interim order dated 17th July, 2021 passed by the competent authority under the West Bengal Apartment Ownership Act, 1972.

By the impugned order, an interim arrangement of running of the Society and providing basic amenities to its members was ordered.

Since proceedings have not yet been disposed of, the interim order is subject to any final order that may be passed by the competent authority.

This Court sees no reason to interfere with the said interim order.

Counsel for the respondents also questioned the locus of the writ petitioner to maintain the writ application. This Court does not wish to enter into the same since the writ petition itself is not entertained. In view of the above, the instant writ petition must fail and is hereby dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)