Kazi Rezaur Rahman v. The State Of West Bengal And ORS

OD-11 ORDER SHEET WPO/1191/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE KAZI REZAUR RAHMAN Vs THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE KAUSIK CHANDA Date : 8th January, 2025 Appearance:

Mr. Shamit Sanyal, Adv.

Mr. Sabyasachi Roy, Adv.

...for the petitioner Mr. Rakesh Singh, Adv.

Ms. Trishani Sarkar, Adv.

...for the private respondent nos.8 to 16 Mr. Gopal Ch. Das, Adv.

Ms. Manisha Nath, Adv.

...for the KMC Mr. Debangshu Dinda, Adv.

...for the State The Court: The petitioner asserts ownership of two car parking spaces located at 12, Lower Range, Beniapukur, Kolkata - 700 017. He further submits that Respondent No. 12, who owns a garage across the road, along with his associates, is operating an automobile service and repair business at 14B, Lower Range, Beniapukur, Kolkata - 700 017. The petitioner

contends that, in the course of conducting their business, Respondents Nos. 8 to 16 are parking numerous vehicles in front of the entrance to the petitioner's car parking spaces, thereby obstructing his egress and ingress at the premises.

The petitioner also raises concerns that the vehicles parked on the relevant stretch of road are contributing to environmental pollution. Given the stance taken by Respondents Nos. 8 to 16 in this matter, I find no compelling reason to keep this writ petition pending. The learned advocate appearing for the State respondent has assured the Court that no vehicle will be parked in such a manner as to obstruct the petitioner's access to his car parking spaces at 12, Lower Range, Beniapukur, Kolkata - 700 017.

In light of the foregoing, the writ petition is hereby disposed of, with the submissions made by the learned advocate for Respondents Nos. 8 to 16 being duly recorded.

(KAUSIK CHANDA, J.) kc