Meheboob Hossain Ansari @ Mahbub Hossain Ansari v. The State Of West Bengal And ORS.

13.01.2025 Sl. No.9 Ct. No.15 S.A.

WPA 17974 of 2024 Meheboob Hossain Ansari @ Mehbub Hossain Ansari -vsThe State of West Bengal & Ors.

Mr. Ziaul Haque Mr. Jahangir Hossain ...for the petitioner Mr. Md. Mokaram Hossain ...for the State Mr. Nirmalya Kumar Dey ...for respondent no.3 Mr. Animesh Mukherjee Mr. Md. Abdul Alim ...for private respondents Mr. Prosenjit Mukherjee Mr. Saptarshi Chakraborty Ms. Tiyasa Ghosh ...for respondent no.10 Mr. K. K. Pathak Mr. Souvik Maji ...for respondent nos.19 & 20 The petitioner alleges that respondent nos.10 to 21 have constructed their residential buildings without a sanctioned plan.

There is no dispute before this Court that some of the respondents have constructed their houses under the Pradhan Mantri Awas Yojana for residential purposes, while others have built their properties on land they purchased.

Some respondents have produced their sanctioned plans, while others have failed to produce such a plan.

I am not inclined to address the issue of the sanctioned plan at the behest of the writ petitioner,

who has made a blanket allegation of unauthorised construction against all the private respondents. This writ petition cannot consolidate allegations against all the respondents into a single petition, especially when it is clear that each respondent's case is distinct in relation to the construction in question. I am also not satisfied with the bona fides of the writ petition.

It is undisputed that the writ petitioner resides in ward no.07, a different ward, while respondents nos.10 to 21 reside in ward no.08, under Nalhati Municipality.

Accordingly, WPA 17974 of 2024 is dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)