Dipti Mitra (Nee Ghosh) And ORS v. State Of West Bengal And ORS.

Item No.18 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 12.03.2024 Ct-24 WPA 24370 of 2023 Ms. Dipti Mitra (nee Ghosh) & Ors.

v.

State of West Bengal & Ors.

Mr. Prabhat Tapan Banerjee Ms. Debjani Sengupta Ms. Poulomi Ghosh ... for the petitioners.

Mr. Avirup Mondal Mr. Mousumi Banerjee ... for the State.

Mr. Siddhartha Banerjee ... for the Municipality.

Despite opportunity granted to the learned advocate representing the petitioners to seek proper instruction with regard to the identification of the land where the unauthorized construction has been made, nothing is forthcoming.

Till the petitioners are able to identify the land over which the pump house has been alleged to be constructed by the Municipality unauthorizedly, direction cannot be passed upon the Municipality for shifting the pump house as prayed for by the petitioners. The writ petition, accordingly, stands dismissed. Be it recorded that in the event the petitioners are able to get hold of documents in support of the ownership of the plot of land where the construction has been made, then the petitioners may file appropriate

proceeding before the competent forum for redressal of their grievances, if so advised.

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.)