Chhaya Makhal v. The Bidhannagar Municipal Corporation And ORS

MAT 1936 of 2024 With IA No.: CAN 1 of 2024 Smt. Chhaya Makhal Vs.

The Bidhannagar Municipal Corporation & Ors.

DL-17 19.11.2024 Court No.26 (AD) (Disposed of) Mr. Shankha Shubhra Mukherjee, Advocate ... for the appellant Mr. Sirsanya Bandopadhyay, Advocate Mr. Tirthankar Dey, Advocate Mr. Arka Nag, Advocate ... for the Bidhannagar Municipal Corporation Mr. Arkadipta Sengupta, Advocate Ms. Aayushi Mukherjee, Advocate ... for the private respondent .

1. Appeal is directed against an interim order passed by the learned Single Judge in WPA 23380 of 2024.

2. By the impugned order, learned Single Judge granted stay of an order of demolition. Learned Single Judge noted that, the writ petitioner was similarly circumstanced as that of parties in a pending appeal. Learned Single Judge also referred to the order dated May 9, 2024 passed by the Division Bench.

3. We invited the learned Advocate for the appellant to draw our attention to any fact by which, it can be said that, the learned Single Judge exercised discretion irregularly in granting stay of the order of demolition.

Signed By :

ABHIJIT DAS High Court of Calcutta 20 th of November 2024 02:57:17 PM

4. Learned Advocate appearing for the appellant is unable to do so.

5. Corporation and the private respondent are represented.

6. Since the appeal is directed against an interim order and since we are not in a position to arrive at a finding that, the discretion exercised by the learned Single Judge was irregular, we are not minded to interfere.

7. MAT 1936 of 2024 along with all connected applications are disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 20 th of November 2024 02:57:17 PM