Mrs Shobha Maurya v. Ranjit Prasad (Kumar) Koiri And ORS

09.12.2024 Item No.13 Ct. No.26 CHC MAT 2081 of 2024 IA NO: CAN/1/2024 Mrs. Shobha Maurya Vs.

Sri Ranjit Prasad (Kumar) Koiri & Ors.

Mr. Gautam Chakraborty, Advocate Mr. Sujeet Kumar Maurya, Advocate ...for the appellant

1. Affidavit-of-service filed in Court be taken on record.

2. None appears for the respondents despite service.

3. Appeal is directed against an order dated October 7, 2024 passed in WPA 24448 of 2024.

4. By the impugned order, learned Single Judge granted stay of operation of the order dated September 4, 2024 for a period of three months from the date of the order.

5. Order dated September 4, 2024 is of the Asansol Municipal Corporation directing demolition of the entire building at Holding No. 62(43), House No. 0260378, Dhadka Road (South), near Small Post Office, Asansol - 713302.

6. Learned Judge also permitted the writ petitioners to file an application before the Corporation seeking regularization of the unauthorized portion of the building.

7. Since, the impugned order is an interim order passed in a pending writ petition and since, rights inter se Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 9 th of December 2024 03:51:19 PM

the parties to the writ petition are yet to be finally decided, we are not minded to interfere with the impugned order.

8. Needless to say all points raised by the parties are kept open to be decided in the writ court.

9. MAT 2081 of 2024 along with connected application are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 9 th of December 2024 03:51:19 PM