Saghir Ahmed v. The State Of West Bengal And ORS

OD -7 ORDER SHEET WPO/327/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SAGHIR AHMED VS THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 23rd April, 2024.

Appearance:

Mr. Prosenjit Mukhkerjee, Adv.

...For the Petitioner Mr. Alak Kr. Ghosh, Adv.

Mr. Arijit Dey, Adv.

Ms. Komal Shaw, Adv.

...For the KMC Mr. Manoj Malhotra, Adv.

Mr. Sabyasachi Mondal, Adv.

...For the State The Court: The petitioner complains of illegal and unauthorised construction. It appears that the petitioner challenging the said illegal construction already filed a Public Interest Litigation being WPA (P) 616 of 2023. An order was passed by the Hon'ble Division Bench on 4th January, 2024. The petitioner seeks implementation of the said order by filing the instant writ petition.

The Court is of the opinion that the instant writ petition will not be maintainable for implementing the order passed by the Hon'ble PIL Bench. If the petitioner has any grievance with regard to the non-compliance of the direction passed by the Hon'ble PIL Bench, the petitioner ought to approach the said Bench for relief. Therefore, the writ petition before a different Bench seeking implementation of the order passed by the PIL Bench will not be maintainable.

In view of the above, the writ petition fails and is hereby dismissed. It will be open for the petitioner to approach the appropriate forum for relief.

Affidavit of service filed in Court is taken on record. (AMRITA SINHA, J.) TR/