M.K.Banerjee v. Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/138/2021 M.K.Banerjee ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Mr. KMB Jayapal ... for the petitioner Mr. Salim Mohammed ... for the Administration Mr. Arul Prasanth ... for the PMBC Mr. Gopala Binnu Kumar ... for the Pvt. respondent March 22, 2022 [GNC] Item No.1 This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in implementing the order dated 18th January, 2021.

Upon perusal of the documents, I notice that the order of January 18, 2021 is an order requiring the private respondent to show cause within seven days with regard to the alleged illegal construction having been carried out by him.

It appears further from the affidavit in opposition that by an order dated February 24, 2021 an order of self-demolition within a period of 30 days has been passed by the authority concerned. This order has been challenged by the private respondent in appeal.

In light of the above facts, it is clear that the writ petition has been prematurely filed and does not have any legs to stand on, after the order dated 24th February, 2021 has been passed. The writ petition is now infructuous and is, accordingly, dismissed as infructuous.

The parties shall be at liberty to approach the various forums in accordance with law.

( Shekhar B. Saraf, J. )