Calcutta High CourtWPA/65/2024disposed

Sayad Yousuf v. The Port Blair Municipal Council

2024-01-31Hon'Ble Justice Moushumi Bhattacharya2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/65/2024 Sayad Yousuf Vs.

The Port Blair Municipal Council Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents January 31, 2024 [SR] Item No.2 Learned counsel appearing for the petitioner submits that the petitioner in the present case is on identical footing as the petitioner in WPA/1096/2023 which was disposed of by a Coordinate Bench by an order dated 21st December, 2023. Counsel submits that due to the similarity in the facts, same order may be passed in this matter as well. Learned counsel appearing for the respondents submits that the petitioner has approached the Court after 17 years and that the respondents are also with the process in filing of an appeal against the order dated 21st December, 2023 passed in WPA/1096/2023.

Considering the submissions and the fact that there is no stay of the order dated 21st December, 2023, which was on similar, if not identical facts, in WPA/65/2024 is disposed of with a direction on the respondents to allot an alternate shop room to the petitioner as per the specification of the shop room which was demolished. The allotment shall be made within a period of four weeks from the date of communication of this order.

It may also be noted that the Court accepts the submission made on behalf of the petitioner that the petitioner had been allotted a shop room by the Port Blair Municipal

Council by an Order No.1915 dated 20th July, 1999. Subsequently , the said shop room was demolished by the Port Blair Municipal Council in 2009 and a fresh allotment of alternate shop rooms were being processed since 2009. It is also the case of the petitioner that the Port Blair Municipal Council had demolished the petitioner's shop room on the condition that the petitioner would be provided with an alternate shop room.

It may be recorded that the respondents did not pray for filing of affidavit-in-opposition or make any submission with regard to the petitioner approaching the court at a belated stage.

WPA/65/2024 is disposed of in terms of the above. Urgent photostat copy of this order be supplied, if applied for, upon compliance of usual formalities. ( Moushumi Bhattacharya, J. )