Krishna Das v. Kolkata Municipal Corporation And ANR

OD-3 ORDER SHEET WPO 266 OF 2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE KRISHNA DAS

VERSUS

KOLKATA MUNICIPAL CORPORATION AND ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 26TH July, 2021.

APPEARANCE:

Mr. Ragunath Chakraborty, Adv.

Ms. Sonali Sengupta, Adv.

...for the Petitioner Mr. Biswajit Mukherjee, Adv.

Ms. Manisha Nath, Adv.

...for the KMC The Court : The writ petition has been filed challenging overt act on the part of the police personnel of Topsia Police Station. It is submitted that the petitioner is being restrained from constructing his boundary wall. It is submitted by the petitioner that the boundary wall will have a height of 3 metres and no written permission from the Kolkata Municipal Corporation is necessary. Mr. Biswanath Mukherjee, learned advocate appearing for the Kolkata Municipal Corporation submits that there is no requirement under the law for the petitioner to take a sanction/permission from the Corporation. No cause of action has been pleaded against the Corporation.

Under such circumstances, the writ petition is disposed of without any order.

There shall be no order as to costs.

Parties to act on the server copies of this order. (SHAMPA SARKAR, J.) Sbghosh