Bishnu Kumar Khoala v. State Of West Bengal And ORS.

D/L 11-13 28.01.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 27407 of 2024 Sri Bishnu Kumar Khoala Vs.

The State West Bengal & Ors.

Mr. Biswajit Konar Mr. Arijit Mahinder Mr. Mika Jha ... for the Petitioner.

Mr. Srijib Chakraborty Mr. Subhajit Mukherjee Mr. Swakhar Mondal ... for the respondent nos. 6 & 7.

Mr. Sounak Bhattacharya ...for the AMC.

Mr. Rajarshi Basu Mr. S.T. Mina ...for the State With WPA 12587 of 2023 Sri Bishnu Kumar Khoala Vs.

The Asansol Municipal Corporation & Ors.

Mr. Biswajit Konar Mr. Arijit Mahinder Mr. Mika Jha ... for the Petitioner.

Mr. Srijib Chakraborty Mr. Subhajit Mukherjee Mr. Swakhar Mondal ... for the respondent nos. 11- 13.

Mr. Sounak Bhattacharya ...for the AMC.

With WPA 20969 of 2023 Subhash Kumar Agarwal Vs.

State of West Bengal & Ors.

Mr. Srijib Chakraborty Mr. Subhajit Mukherjee Mr. Swakhar Mondal ... for the Petitioner.

Mr. Biswajit Konar Mr. Arijit Mahinder Mr. Mika Jha ... for the respondent no. 6.

Mr. Sounak Bhattacharya ...for the AMC.

Mr. Ansar Mondal Ms. Ashmita Dutta ...for the State

1. Report filed by the Inspector-in-Charge Kulti signed on 28th January, 2025 is taken on record.

2. Learned advocate representing Bishnu Kumar Khoala submits upon instruction that, though the Court permitted the vehicles of the petitioner to be removed, but the same cannot be done till the boundary wall is demolished.

3. Learned advocate representing the Asansol Municipal Corporation produces a copy of the Memo No. 05/1 (5) dated 3rd January, 2023 issued by the Assistant Engineer, Asansol Municipal Corporation requesting both Subhash Kumar Agarwal and Bishnu Kumar Khoala to appear for hearing on 4th January, 2023. Both the parties received the notice and attended the hearing on 4th January, 2023.

4. From the submissions made on behalf of all the parties, it appears that there are several disputed questions of facts which cannot be gone into and adjudicated in the writ proceeding filed by the parties. The parties have already approached the learned Civil Court, for relief. It will be open for the parties to agitate all their grievances before the competent Civil Court.

5. The writ petitions stand disposed of.

6. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)