Soumen Roy v. The Kolkata Municipal Municipal Corporation And ORS.

OD-2 ORDER SHEET WPO No.457 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SOUMEN ROY VS THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 24th May, 2024.

Appearance:

Mr. Dyutiman Banerjee, Adv.

Mr. Vishal Mallick, Adv.

... for the Petitioner.

Mr. Swapan Kr. Debnath, Adv.

...for KMC.

Mr. Bikram Banerjee, Adv.

Ms. Sudipta Dasgupta, Adv.

Ms. Shalini Ghosh, Adv.

Ms. Sinjini Chakraborti, Adv.

...for Respondent no.7.

Mr. Subrata Guha Biswas, Adv.

Mr. D. Banerjee, Adv.

Mr. Paritosh Sinha, Adv.

..for State.

The Court:- The petitioner complains of the change made in the internal structure of premises no. 8A, Brindaban Basak Street under Ward No.20, Borough-II of the Kolkata Municipal Corporation.

According to the petitioner, an internal wall has been blocked by the private respondent. The petitioner contends that the said place was used as his ingress and egress. The petitioner submits that a complaint was lodged before the Corporation but the same has not been redressed.

Learned advocate representing the private respondent submits that for maintaining proper privacy the aforesaid internal wall has been constructed. The same is permissible in law.

Upon hearing the parties, it appears that the petitioner complains of infringement of a private right. The dispute in question is an absolute private one. It will be open for the petitioner to approach the competent civil forum for remedy.

The writ petition stands disposed of.

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