Sanei Motors Pvt. Ltd. v. State Of West Bengal & ORS

16.05.2025 WPA 21975 of 2019 Sl.No.

Court No. 35 + CAN 2 of 2023 + CAN 3 of 2023 Sanei Motors Pvt. Ltd.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Pawan Kumar Gupta Mr. Manish Shukla Ms. Sofia Nesar Mr. Santanu Sett ... for the Petitioner(s) Mr. Santanu Kuma Mitra, ld. Sr. Govt. Adv.

... for the State-respondent(s) CAN 3 of 2023 There has been a delay of 178 days in preferring the restoration application.

Having considered the reasons so assigned, I am of the opinion that the same are just and sufficient.

Accordingly, CAN 3 of 2023 is Allowed.

CAN 2 of 2023 The reasons assigned also in the

restoration application are found to be just and sufficient.

Accordingly, CAN 2 of 2023 is also Allowed.

WPA 21975 of 2019 State has submitted a report. Let the same be kept with the record.

I have considered the plight expressed by the petitioner particularly with regard to the communication made by the Junior Engineer, Baguiati Highway Sec-II, P.W. (Roads) Directorate to the Inspectorin-Charge, Rajarhat Police Station. Presently, the petitioner is confronted with the issue relating to a small stall which the petitioner claims to have been installed illegally by the private respondents.

Having considered that the communication has been made earlier by the Government Officials and, subject issue for removal and/or demolition is exclusively

vested with the Municipal Authorities, I am of the view that if Municipal Authorities are approached and directions are passed upon the police authorities, the police authorities would render assistance through the Municipal Authorities for removal of such structure.

With the aforesaid observations, WPA 21975 of 2019 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)