Binod Kumar Shaw v. State Of West Bengal And Others

OD -4 ORDER SHEET WPO/300/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE BINOD KUMAR SHAW VS STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 16th February, 2023.

Appearance:

Mr. Somnath Gangopadhyay, Adv.

Mr. Rahul Singh, Adv.

...For the Petitioner Mr. Subhrongshu Panda, Adv.

Mr. Dwijodas Chakraborty, Adv.

...For the KMC Mr. Debjit Mukherjee, Adv.

Ms. Susmita Chatterjee, Adv.

...For the State The Court: The unauthorised structure at premises no. B/9A/H/9, Marhatta Ditch Lane, Ward No. 7, Borough-I, P.S. Shyampukur, Kolkata700003 has already been demolished by the Kolkata Municipal Corporation by invoking provision under Section 400(8) of the KMC Act, 1980. Petitioner seeks regularisation of the balance structure that is remaining at the subject premises.

It appears from the submission made on behalf of the petitioner and the document annexed to the writ petition that prior to the filing of the writ petition, the petitioner did not approach the Corporation seeking regularisation of any structure standing at the subject premises. It will be open for the petitioner to apply before the Corporation seeking relief.

No further order is required to be passed in the instant writ petition. The same stands disposed of.

Report given by the Officer-in-Charge, Shyampukur Police Station be retained with the record.

Affidavit of service filed in Court be also retained with the record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) TR/