Calcutta High CourtWPA/15727/2019dismissed for default

Swapan Kr. Chowdhuri v. State Of West Bengal & ORS.

2021-03-08Hon'Ble Justice Rai Chattopadhyay3 pages

08-03-2021 Item no.72 Subrata

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.15727 of 2019 Swapan Kumar Chowdhuri -vsThe State of West Bengal & Ors.

Mr. Anindya Lahiri Mr. Argha Chowdhury ...for the petitioner Mr. Pantu Deb Roy Mr. Pannalal Bandyopadhyay ...for the State Mr. Debabrata Saha Roy Mr. Arka Kumar Nag Mr. Subhankar Das ...for respondent no.6 Heard learned advocates appearing for the parties. Case of the writ petitioner is that he is aggrieved by a notice board dated October 2, 2018 alleged to be put up by the Urban Development Department, Government of West Bengal stopping the construction work of the petitioner on the plot in question.

It is the further case of the petitioner that such notice is illegal, since he has commenced the construction work within the time stipulated by the authority, and that his construction is fully authorised.

Learned advocate for the petitioner seeks to file a supplementary affidavit to bring on record the subsequent developments during pendency of the writ petition. Such prayer is allowed.

Learned advocate for the Urban Development Department opposes this writ petition.

I am not inclined to grant any interim order in view of the fact that the alleged notice board put up on the plot of land in question was on October 2, 2018 by which the petitioner has not been able to construct the building. In my opinion, allowing or permitting the petitioner to start construction by way of an interim order would amount to allowing the writ petition at this stage.

However, considering the suffering of the petitioner, I am of the view that the writ petition should be disposed of expeditiously upon exchange of affidavits.

Accordingly, the respondents to file affidavit-inopposition to the writ petition as well as the supplementary affidavit peremptorily within a fortnight from date; reply thereto, if any, to be filed within one week thereafter. The writ petition to appear for final hearing after three weeks before the appropriate Bench. Liberty to mention.

[Md. Nizamuddin, J]