Ranjit Mondal And ANR. v. The Chairman The Rajpur Sonarpur Municipality And ORS.

08.07.2024 Sl.No.23 Ct. No.15 S.A.

WPA 24807 of 2023 Ranjit Mondal & Anr.

-vsThe Chairman, Rajpur Sonarpur Municipality & Ors.

Mr. Rajib Kumar Acharyya ...for the petitioners Mr. Mir Anurazzaman ....for the municipality Mr. Krishnendu Bera ...for respondent no.3 Mr. Biswajit Sau Mr. S. Ganguly ...for the State The petitioners challenge an order of demolition dated April 28, 2022, passed by the Rajpur Sonarpur Municipality.

The demolition order was passed in compliance with an order dated March 10, 2021 passed in WPA 1015 of 2021 by a Coordinate Bench of this Court. In my view, the order impugned is appealable in terms of Section 208(3) of the Bengal Municipal Act, 1993. I do not accept the submission made on behalf of the petitioners that the order was passed by the Chairman of the Municipality. A bare perusal of the order makes it clear that it was an order by the Board of Councillors of the Municipality.

It will be open for the petitioners to urge all points available to him before the appellate forum.

Accordingly, WPA 24807 of 2023 is disposed of.

(Kausik Chanda, J.)