Aklima Begum v. State Of West Bengal And ORS.

04-03-2024 Item No.16 ML Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.21169 of 2023 Aklima Begum -vsThe State of West Bengal & Ors.

Mr. Manoj Kr Bhattacharyya ...for the petitioner Mr. Suman Ghosh Mr. Sanatan Panja ...for the State Mr. Sujay Bandyopadhyay Mr. Jagajyoti Das Mr. Pradipta Siddhanta ...for the municipality Mr. Amit Ranjan Pati Ms. Swastika Chowdhury ...for respondents 5-7 The order dated April 13, 2023 passed by the Board of Councillors of Midnapore Municipality is impugned in this instant writ petition.

It appears, upon hearing learned counsel for the respective parties, that there is an issue of encroachment.

The petitioner contends that the construction is being made in an unauthorised manner. On the other hand, the private respondents submit that the construction is being made in accordance with the plan sanctioned, and that the municipality has already passed order in this regard.

According to law, the impugned order is an appealable one.

In view of the same, this court is not inclined to exercise jurisdiction in this matter. It will be open for

the parties to approach the appellate forum for relief. The writ petition stands disposed of.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]