Ashim Kumar Das And ANR v. State Of West Bengal And ORS.

Item No. 25 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 22.12.2022 Ct-24 WPA 23862 of 2022 Mr. Ashim Kumar Das & Anr.

v.

The State of West Bengal & Ors.

Mr. Dipta Bhanu Dutt Mr. Biswarup Chatterjee ... for the petitioners.

Mr. Siva Prosad Ghosh ... for the respondent nos. 10 & 12.

Mr. Sudipto Panda Ms. Munmun Tewary ... for the State.

Mr. Ranajit Chatterjee Mr. Arijit Dey ... for the Municipality.

Mr. Dwaipayan Basu Mallick ... for the respondent no. 9.

The petitioners have prayed for a direction upon the Baranagar Municipality to demolish the alleged illegal and unauthorized construction at Premises No. 65, Raj Kumar Mukherjee Road.

During the pendency of the writ petition the petitioners have come to learn that the Baranagar Municipality has already condoned the deviation made at the time of construction holding the same to be a minor one. The petitioners are aggrieved by the same. It will be open for the petitioners to challenge the order condoning the deviation by the Baranagar Municipality in accordance with law, before the appropriate forum, if so advised.

No further order can be passed in the present writ petition.

The same stands disposed of.

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.)