Dilip Kumar Mondal v. State Of West Bengal And ORS.

08.07.2024 Sl.No.25 Ct. No.15 S.A.

WPA 25052 of 2023 Dilip Kumar Mondal -vsThe State of West Bengal & Ors.

Mr. S. Majumder Ms. Puja Banerjee ...for the petitioner Mr. Uttiya Roy Mr. Asutosh Pal Mr. Arnab Mandal ...for respondent nos.2 to 5 Mr. Amitava Bhattacharyya Mr. Chandranath Chattopadhyay ...for respondent nos.7 & 8 It is the grievance of the petitioner that he is a co-sharer in respect of a property at plot no.410/773, Khatian no.4132 and 4133, J.L. no.97, Mouza - Makaranpur, District - Birbhum.

The petitioner alleges that there is a pending partition suit between the parties and an order of status quo has been passed in the suit.

Respondent nos.7 and 8 in violation of the said status quo order has raised an unauthorized construction in the said premises.

Respondent nos.7 and 8, on the other hand, produced a sanctioned plan before this Court to submit that the relevant construction has been made in terms of the said sanctioned plan.

The Municipality also submits that a plan was sanctioned in favour of respondent nos.7 and 8.

In that view of matter, I am not inclined to pass any order. I, however, grant liberty upon the petitioner to challenge the sanctioned plan and for consequential orders in the pending civil suit. Accordingly, WPA 25052 of 2023 is disposed of.

(Kausik Chanda, J.)