Arnab Kumar And ORS v. Nabendu Mahali, Chairman, Pirulia Municipality

Item No.1 In the High Court At Calcutta Special Jurisdiction Appellate Side 02.05.2024 Ct-24 CPAN 1205 of 2023 WPA 7758 of 2023 Arnab Kumar & Ors.

v.

Nabendu Mahali Mr. Dibyendu Chatterjee Mr. Pritam Majumdar ... for the petitioners.

Mr. Partha Pratim Roy Mr. Sougata Mitra ... for the alleged contemnor.

Exception filed by the petitioners to the affidavitof-compliance filed by the Purulia Municipality is taken on record.

On a perusal of the compliance report filed by the Municipality it appears that the Municipality has regularized the unauthorized construction that was detected subject to payment of requisite fees. According to the petitioners the same is impermissible in law. The petitioners have already filed a separate writ petition being WPA 21246 of 2023 challenging the order of regularization passed by the Purulia Municipality.

In view of the above, nothing remains to be decided in the instant contempt application. The same stands disposed of.

It will be open for the petitioner to raise all points before the appropriate forum to adjudicate as to whether

the order passed by the Purulia Municipality is in accordance with law or not.

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

Sh (Amrita Sinha, J.)