Samar Paul v. State Of West Bengal And ORS.

WPA 17656 OF 2022 IA No. CAN 1 of 2024 Samar Paul 13.09.2024 - Vs - Sl no. 128 The State of West Bengal & Ors.

Ct no. 15 P.M.

Ms. Jharna Biswas ... for the petitioner Mr. Biswajit Mukherjee, Ms. Sima Chakraborty ... for Kolkata Municipal Corporation Mr. Soumitra Bandopadhyay, Mr. Subhasis Bandopadhyay ... for the State Mr. Jahar Datta, Mr. Bipin Ghosh ... for the State Mr. Debdutta Basu ... for respondent No. 8 and 9 CAN 1 of 2024 This is an application for restoration.

Having regard to the averments made in this restoration application, I am of the view that the petitioner has sufficiently explained the reason for his non-appearance before this Court on 10.05.2024.

Accordingly, CAN 1 of 2024 stands allowed and WPA 17656 of 2022 is restored to its file and number.

WPA 17656 of 2022

Petitioner has filed this frivolous litigation with the assistance of legal aid. He alleges encroachment of a road owned by the Kolkata Municipal Corporation at the behest of respondent No. 8 and 9. The report filed by the Corporation indicates that a departmental inspection was carried out at the spot for physical verification.

The report filed by the Corporation states that the road is a private property and there has been no encroachment on the Kolkata Municipal Corporation road.

It appears that the petitioner has filed this writ petition at the cost of State exchequer against the respondent No. 8 and 9 for he has some grievance against them regarding construction of a boundary wall.

In that view of the matter this writ petition WPA 17656 of 2024 is dismissed.

The report and the photographs filed by the Corporation be kept with the record.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Kausik Chanda, J.)