Malay Kumar Ganguly Since Deceased Repd By Lina Ganguly And ANR v. Bikash Kumar Roy

16.12.2025 Court. No. 40 Jayanta CPAN/1814/2025 MALAY KUMAR GANGULY SINCE DECEASED REPD BY LINA GANGULY AND ANR VS BIKASH KUMAR ROY In SA/59/2009 LINA GANGULY AND ORS VS REBA CHATTERJEE AND ANR + IA NO: CAN/12/2025, + CAN/13/2025, + CAN/14/2025 Adv. Srikanta Dutta Adv. Rituparna Sarkar Dutta ... for the Appellant No. 1.

Sr. Adv. Ashok Banerjee Sr. Adv. Chama Mookherjee Adv. Anujit Mookherjee Adv. M. Chatterjee ... for the Respondent No. 3.

1. CPAN 1814 of 2025 is filed alleging violation of the order passed by the Coordinate Bench in CAN 6336 of 2014 order dated 3rd February, 2017.

2. The allegation of the petitioner is that the Respondent No. 3 flouted the sanction plan passed by the Kolkata Municipal Corporation.

3. It is submitted that in terms of the aforesaid order the Coordinate Bench insisted on construction to be made in accordance with the sanctioned plan.

4. In case of violation or transgressing of the periphery of the sanctioned plan, the proper remedy is to approach the Kolkata Municipal Corporation for such flouting. This extraordinary jurisdiction cannot be invoked where other remedy is available.

5. In terms of the aforesaid order the Coordinate Bench did not assume on this Court the rigorous task which is supposed to be exercised by the civic body, namely, Kolkata Municipal Corporation.

6. Accordingly, CPAN 1814 of 2025 is disposed of.

7. Heard both sides.

8. The matter is treated as heard-in-part.

9. Let the matter be listed on 23rd December, 2025 for further hearing.

(Sugato Majumdar, J.)