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Calcutta High CourtWPA/27020/2023dismissed as withdrawn

Shanta Dawn (Biswas) v. State Of West Bengal And ORS.

2024-04-09Hon'Ble Justice Amrita Sinha2 pages

D/L 03 09.04.2024 Court No. 24 Sayandeep WPA 27020 of 2023 Smt. Shanta Dawn (Biswas) Vs.

The State of West Bengal & Ors.

Mr. Sekhar Pal Mr. Mobakshar Islam ... for the petitioner The petitioner filed the instant writ petition alleging illegal and unauthorized construction at the behest of the respondent No. 4, Sri Gopal Chakraborty. The allegation is that unauthorized construction is being made without obtaining any sanction from the Baranagar Municipality.

Learned advocate for the petitioner submits that the averment made in paragraph 4 of the writ petition is incorrect. The petitioner seeks leave to withdraw the writ petition.

The Court in the instant writ petition is only considered with the allegation of unauthorized construction. Whether petitioner has any right over the subject property or not is to be decided by the competent forum. The same has got no relationship with the allegation of unauthorized construction.

As the petitioner intends to withdraw the writ petition, accordingly, the writ petition stands dismissed as 'withdrawn'.

Dismissal of the writ petition will, however, not stand in the way of the Baranagar Municipality to take steps against any unauthorized construction over plot No. 2607 and 2610 under Mouza Palpara, J.L. No. 07, Baranagar Municipality being premises No. 2, Sisir Kumar Dawnn Lane, Baranagar.

The written instruction given by the petitioner to the learned advocate is taken on record.

(Amrita Sinha, J.)