Ramendra Shekhar Roy And ANR v. Suri Municipality And ORS

08.07.2024 Sl.No.27 Ct. No.15 S.A.

WPA 28111 of 2023 Ramendra Shekhar Roy & Anr.

-vsSuri Municipality & Ors.

Mr. Sukumar Bhattacharyya Ms. Puja Sonkar Mr. Suman Bhattacharjee ...for the petitioners Mr. Uttam Banerjee Ms. Baisakhi Sinha ...for respondent no.3 The petitioners submit that a suit for specific performance is pending between the petitioners and respondent no.3 for alleged violation of terms of a settlement deed executed by the petitioners in favour of respondent no.3 in respect of the premises at L.R. plot no.3371 and 3372 at Mouza - Anandapur, J.L. No.103, Ward No.15 under Suri Municipality.

An injunction order has also been passed by the Civil Court.

Respondent no.3, in violation of the order of the Civil Court, is making unauthorized construction at the relevant premises.

Learned advocate representing respondent no.3, on the other hand, submits that the construction has been carried out legally.

It appears that the petitioners have made a representation dated October 11, 2023, before the

Suri Municipality regarding the unauthorized construction.

In the aforesaid facts, I direct Suri Municipality to consider the said representation dated October 11, 2023, in accordance with law within a period of two months from the date of communication of this order and pass a reasoned order.

The Municipality shall hear all necessary parties in arriving at its decision. The reasoned order should be communicated to the parties.

Accordingly, WPA 28111 of 2023 is disposed of.

(Kausik Chanda, J.)