Shyama Nath Bhowmick And ANR. v. Kanchrapara Municipality And ORS.

26.06.2024 Sl.No.8 Ct. No.15 S.A.

WPA 28778 of 2022 Shyama Nath Bhowmick & Anr.

-vsKanchrapara Municipality & Ors.

Mr. Sanat Biswas Ms. Anandamayi Ghosh ...for the petitioners Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ...for the State The petitioners obtained a sanctioned plan in the year 2011. They could not raise the construction. The plan was renewed in the year 2015. Again the building could not be constructed due to the impugned notice given by the Municipality dated August 27, 2015. There is no dispute that the renewal period was over before filing this writ petition in the year 2022. After filing of the writ petition, another two years have passed.

In such circumstances, I am of the view that the writ petition has become infructuous.

Accordingly, WPA 28778 of 2022 is dismissed.

I grant liberty to the petitioners to file an application for fresh sanction the plan. If such application is made, the Municipality shall consider the same in accordance with law.

(Kausik Chanda, J.)