Biswajit Banerjee v. State Of West Bengal And ORS.

03.11.2021 FB/sb Ct 6

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 16607 of 2021 Biswajit Banerjee Vs.

The State of West Bengal & Ors.

Mr. Raghunath Chakraborty, Mr. Mahaboob Ahmed .... For the petitioner.

Mr. Tapan Kumar Mukherjee, Mr. Pinaki Dhole, Mr. Somnath Naskar ... For the State.

Mr. Debaprasad Banerjee, Mr. Shovan Bandyopadhyay, Mr. Surja Prasad Chattapadhyay ... For the respondent no.8 Heard learned advocates appearing for the parties. Liberty is granted to implead the Sub-Divisional Officer, Serampore, Hooghly as party respondent. Pursuant to the order of this Court dated 27th October, 2021, the Officer-in-Charge, Jangipara Police Station has filed a report dated 3rd November, 2021 with regard to the actual state of affair of the alleged unauthorized construction at the premises in question. The said report may be kept with the record.

The authority concerned after giving an opportunity of hearing to the petitioner as well as the private

respondent, within two weeks from date, shall decide the legality and validity of the construction in question and if it is found that the construction in question is not valid and legal, the respondent authority concerned shall take steps immediately in accordance with law against unauthorized construction if so found in course of hearing.

In the meantime, the private respondent to maintain status quo.

With this direction, this writ petition, being WPA 16607 of 2021 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all the requisite formalities.

(Md. Nizamuddin, J.)