Mita Doss And ANR v. State Of West Bengal And ORS

OD-13 ORDER SHEET WPO No.224 of 2024 IA NO: GA/1/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SMT. MITA DOSS & ANR.

Vs STATE OF WEST BENGAL & ORS.

BEFORE

THE HON'BLE JUSTICE AMRITA SINHA Date: 11th June, 2025.

Appearance :

Mr. Soumava Mukherjee, Adv.

...for the Petitioners.

Mr. Sirsanya Bandopadhyay, Sr. Standing Counsel.

Mrs. Tapati Samanta, Adv.

...for the State.

Mr. Aniruddha Chatterjee, Sr. Adv.

Mr. Rajesh Upadhyay, Adv.

Mr. Abir Lal Chakravorti, Adv.

Mr. Varun Kothari, Adv.

...for Respondent Nos.3 & 4.

1. It has been brought to the notice of the Court that hearing of the representation of the petitioners has been fixed by the Special Commissioner and Competent Authority under the West Bengal Apartment Ownership Act, 1972 on 16th July, 2025. Notice of hearing has been issued in favour of the petitioners as well as the private respondent/Association.

2. All the parties are directed to appear on the date of hearing and cooperate with the hearing officer so that the issues raised by the petitioners can be resolved. It will be open to the parties to raise all issues before the authority.

3. The competent authority shall hear the parties and pass a reasoned order and communicate the same to both the parties.

4. Till a decision is taken and communicated to the parties, the Association is directed not to disturb the supply of power enjoyed by the petitioners and not to obstruct the free egress and ingress of the petitioners to their premises.

5. It is made clear that the competent authority shall not enter into or decide any private civil disputes of the parties and will restrict the consideration only in accordance with the provision of the Act.

6. Reply of the Association filed before the competent authority in response to the representation filed by the petitioners shall be served upon the learned advocate representing the petitioners by 13th June, 2025.

7. The writ petition along with the connected application is disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all legal formalities. (AMRITA SINHA, J.) nm.