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Calcutta High CourtWPA/16480/2022disposed

Masrur Alam v. The State Of West Bengal And ORS.

2025-01-13Hon'Ble Justice Kausik Chanda2 pages

Sl. No.A153.

13.01.2025 Suman Ct. 15 WPA 16480 of 2022 Masrur Alam Vs.

The State of West Bengal and Ors.

Mr. Swarup Banerjee Mr. A. Pal Mr. Subham Biswas ..for the petitioner Mr. Onkar Ganguly Mr. A. Raha Mr. N. Y. Lama ..for the Bank Mr. Swapan Kumar Debnath Mr. Gopal Chandra Das Ms. Debangana Dey Nayak ..for KMC The learned advocate appearing for the petitioner submits that the petitioner was the owner of the property located at premises No. 24/1A, Chandra Nath Roy Road, P.S. Tiljala, Kolkata-700 039. It is undisputed that the property in question was sold to respondent No. 9 following proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002.

The petitioner, by filing this writ petition, alleges that respondent No. 9 has undertaken unauthorised construction at the said plot, for which the Corporation intends to issue a post facto sanctioned plan.

On the other hand, the learned advocate for the Corporation submits that the Corporation has already initiated proceedings and taken steps towards the demolition of the alleged unauthorised construction at the premises in question.

The learned advocate for the petitioner acknowledges that a separate writ petition has been filed by the petitioner for the implementation of the demolition order.

In light of the aforementioned circumstances, there is no necessity to issue any further orders in this writ petition.

Accordingly, WPA 16480 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.)