Malay Kumar Majumder v. State Of West Bengal And ORS.

Sl. No.1651 31.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 10832 of 2022 Sri Malay Kumar Mazumder alias Ratan Mazumder Vs.

The State of West Bengal & Ors.

Mr. Swarup Banerjee Mr. Arindam Chatterjee ... for the petitioner Mrs. Santi Das ... for the respondent no.7 Mr. Udayan Datta ... for the Municipality Mr. Narayan Chandra Bhattacharyya Ms. Sujata Ghosh ... for the State The petitioner submits that the private respondent nos.7 & 8 have made construction contrary to the provision of law.

The learned advocate representing the respondent no. 7 Debasish Mukherjee relies upon a representation submitted by the petitioner Malay Mazumder before the Municipality on 6th June, 2022 and submits that the present writ petition is a counter blast of the writ petition which has been filed by Debasish Mukherjee being WPA No.9871 of 2022. According to the respondent no.7 the construction of the respondent no. 7 was made in the

year 1960, whereas, the petitioner is raising new construction devoid the provision of law.

On a perusal of the representation which the petitioner relies upon it appears that the same is an absolute vague one. There are no details of the alleged illegalities on the part of the respondent no.7 at the time of making construction. It appears that the present writ petition has been filed out of vengeance. In view of the above, no relief can be granted to the petitioner in the instant case.

In the event the petitioner files a proper representation before the Municipality, the same shall be taken into consideration in accordance with law. The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities ( Amrita Sinha, J.)