Sanjit Ram And ANR. v. Kolkata Municipal Municipal Corporation And ORS.

O-4 WPO No.395 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SANJIT RAM & ANR.

VS KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 6th May, 2024.

Appearance:

Mr. Goutam Dey, Adv.

Mr. Prateep Bera, Adv.

...for the petitioner Mr. Alak Kr. Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

...for K.M.C.

The Court:- The petitioner no.1 claims to be a resident of premises no.114/B, Tiljala Road, Kolkata-700046. The petitioners allege that the officers of the Corporation and the police are threatening them to vacate the premises so that the same may be demolished in terms of the order passed by this Court on 19.04.2024 in WPO 1498 of 2023 [Rajendra Ram Vs. Kolkata Municipal Corporation & Ors.].

The order dated 19.04.2024 was passed in respect of the premises no.114, Tiljala Road. The petitioners have not been able to produce any document to suggest that demolition proceeding will be carried out in respect of the premises no. 114/B, Tiljala Road.

Learned advocate representing the Corporation submits that demolition proceeding has already been conducted in premises no.114, Tiljala Road. In the absence of proper proof that the Corporation and the police are taking steps for vacating the premises of the petitioners for demolition of the same the instant writ petition has to be treated as a premature one. The same is, accordingly, liable to be dismissed.

The writ petition stands dismissed.

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