Prabir Kumar Singha Roy v. State Of West Bengal And ORS.

25.09.2024.

PB Sl. No.46 Ct. No.15 WPA 17485 of 2024 Prabir Kumar Singha Roy Vs State of West Bengal & Ors.

Mr. Suddhadev Adak, Ms. Richa Pramanik, Ms. Ahana Banerjee.

... For the Municipality.

Mr. Niladri Sekhar Ghosh, Mr. Sourav Mondal, Ms. Sompurna Chatterjee, Ms. Labani Sikdar, Mr. Rony Mondal.

.....for respondent nos.5&6.

The petitioner is absent at the time of the call. The reason for his absence is not very difficult to appreciate.

In this writ petition, the petitioner alleges that respondent Nos. 5 and 6 are undertaking a construction work that has caused damage to his residential plot.

On July 30, 2024, this Court directed the Arambagh Municipality to appoint a qualified engineer to ascertain whether the construction work carried out

by the respondents has adversely affected the petitioner's residential building.

According to the documents submitted by the Arambagh Municipality, an engineer was appointed in compliance with the Court's order dated July 30, 2024. The engineer reported that the construction conducted by respondents Nos. 5 and 6 was carried out in accordance with the rules and sanctioned plan of the Municipality, and that no damage had occurred to the petitioner's house.

Additionally, the records of the Municipality indicate that the petitioner and respondents Nos. 5 and 6 have submitted a joint petition in which they have agreed to compromise their disputes.

In light of the aforementioned circumstances, I find no justification for keeping the writ petition pending.

Accordingly, WPA 17485 of 2024 is disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)