Jyotirmoy Paul v. State Of West Bengal And ORS.

04.01.2024 PG/KS Ct. No.1 W.P.A.(P) 541 of 2023 With IA No. CAN 1 of 2024 Jyotirmoy Paul Vs.

The State of West Bengal & Ors.

Mr. Tarunjyoti Tewari Mr. Aniruddha Tewari .....for the Petitioner Mr. Samrat Sen, Ld. AAAG .....for the State Mr. Partha Pratim Roy Mr. Ankit Chatterjee .....for the applicant Mr. Surya Prasad Chattopadhyay Mr. Arjun Samanta .....for the respondent nos.2 & 3

1. The petitioner has filed this writ petition alleging that a playground has been converted and a construction is being put up. Affidavit was called for and the respondent nos.2 and 3 have filed their affidavits enclosing various annexures including a site plan.

2. From the site plan, it is seen that the proposed construction is a community hall, which is in the north west corner of the plot in question.

3. There will be a direction to ensure that the community hall shall be constructed in such a manner that the total land area is preserved as much as possible. In other words, let the community hall be restricted to a minimum size depending upon the usage.

4. We are also informed that there is also a civil suit pending and there is a private dispute between the parties.

5. In the light of the above, the above observations would suffice to dispose of this writ petition. The interim order stands vacated.

6. Accordingly, the writ petition along with the connected application stand disposed of.

7. No costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (SUPRATIM BHATTACHARYA, J.)