Calcutta High CourtWPO/1880/2023dismissed

Sri Yash Saraogi v. The State Of West Bengal And ORS

2024-01-04Hon'Ble Justice Amrita Sinha2 pages

OD-5 WPO/1880/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SRI YASH SARAOGI VS THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 4th January, 2024.

Appearance:

Mr. Mrinal Das, Adv.

Mr. Raja Adhikary, Adv.

...for Petitioner.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

...for KMC.

Mr. A. Gupta, Adv.

Mr. R. K. Pandey, Asdv.

Mr. Anindo Bose, Adv.

Mr. Varun Kothari, Adv.

...for Intervenor.

Mr. Debangshu Dinda , Adv.

...for State .

The Court:- The petitioner prays for a direction upon the Corporation to issue certified copy of the order of demolition dated 13.10.2023 passed by the Special Officer [Building] of the Kolkata Municipal Corporation. Application of the petitioner annexed to the writ petition dated 19.04.2023 mentions about an order passed by the Special Officer [Building] of the Kolkata Municipal Corporation on 13.01.2023.

The grievance of the petitioner is that on account of non supplying the certified copy of the order of demolition, the petitioner is not in a position to prefer an appeal against the same.

Learned advocate representing the Corporation submits, upon instruction that, there is no order passed by the Special Officer [Building] of the Kolkata Municipal Corporation either on 13.01.2023 or 13.10.2023.

It appears from the averments made in the writ petition that though the petitioner applied for obtaining the certified copy of the order of demolition dated 13.01.2023 but in the prayer made in the writ petition the petitioner prays for supplying the certified copy of the order dated 13.10.2023. According to the Corporation, there is no order passed by the Special Officer [Building] of the Kolkata Municipal Corporation either on 13.01.2023 or on 13.10.2023.

In view of the above, no relief can be granted to the petitioner in the writ petition. Writ petition fails and is hereby 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.