Chayan Kumar Chowdhury v. The State Of West Bengal And ORS.

WPA 25622 of 2024 Chayan Kumar Chowdhury Vs.

The State of West Bengal & Ors.

Mr. Debayan Ghosh ...for the Petitioner Ms. Mousumi Bhowal, Mr. Aman Gupta ...for the Municipality Mr. Ramdulal Manna, Ms. Manju Manna, Mr. Sanjoy Chakraborty, Mr. Sayan Mukherjee ...for Respondent No. 10 Mr. Biswajit Dey, Ms. Susmita Biswas Chaudhury ...for the state 10-12-2024 AKG Ct. 15 Let the report filed by the State be placed on record. Since no affidavits have been called for from the parties, the allegations made in this writ petition shall be deemed to be denied by the respondents.

In light of the stance disclosed by the South Dum Dum Municipality before this Court, no further order is necessary in this writ petition. The petitioner had expressed apprehension that the South Dum Dum Municipality would demolish the building currently under his occupation at premises no. 226, Rabindra Nath Tagore Road, Ward No. 11, South Dum Dum Municipality, Kolkata - 700 077.

The learned advocate for the Municipality submits that the Municipality intends only to clean the garbage and soil dumped at the said premises, and has no intention of demolishing the petitioner's house.

Additionally, it was submitted that the relevant municipal records, in which the petitioner's name was recorded as the occupier, have been cancelled. I am not inclined to adjudicate the right, title and interest of the petitioner over the relevant property. Accordingly, this writ petition is disposed of, with the direction that the Municipality shall not demolish the petitioner's house without following due process of law. Accordingly, WPA 25622 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)