Samapti Roy And ANR v. The Commissioner Kolkata Municipal Corporation And ORS

OD-8 ORDER SHEET WPO No.2823 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SAMAPTI ROY & ANR.

VS THE COMMISSIONER, KOLKATA MUNICIPAL CORPORATON & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 3rd November, 2022.

Appearance:

Mr. Gaurav Purkayastha, Adv.

Mrs. Sushmita Choudhury, Adv.

..for the Petitioners.

Mr. Swapan Kr. Debnath, Adv.

Ms. Dipanwita Ganguly, Adv.

..for KMC.

Mr. Debjit Mukherjee, Adv.

Ms. Susmita Chatterjee, Adv.

..for State.

Mr. Supratik Basu, Av.

Mr. B. Pramanick, Adv.

..for Respondent No.6.

The Court:-The petitioners are aggrieved by the order passed by the Municipal Building Tribunal in B.T. Appeal No.34 of 2021 arising out of Demolition Case No.118/D/Br-V/2021-2022.

By the said impugned order the Municipal Building Tribunal set aside the order passed by the Special Officer (Building). The legality of the order passed by the Municipal Building Tribunal is required to be adjudicated by the appropriate forum.

Leave granted to the petitioners to apply before the appropriate forum to challenge the order passed by the Tribunal if the petitioners are aggrieved by the same.

Writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Report filed by the Officer-in-Charge, Muchipara Police Station is also taken on record.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities. (AMRITA SINHA, J.) nm