Shri Mahesh Babu v. Port Blair Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 162/2023 Shri Mahesh Babu ... Petitioner Vs.

Port Blair Municipal Council and Ors.

... Respondents Mr. Arul Prasanth ...for the Petitioner Mrs. Anjili Nag ...for the Respondent nos.1 & 2 With WPA 173/2023 Shri R.N. Pandey ... Petitioner Vs.

Port Blair Municipal Council and Anr.

... Respondents Mr. Arul Prasanth ...for the Petitioner Mrs. Anjili Nag ...for the Respondent no.1 Mr. R. Pradeep ...for the Respondent no.2 February 15, 2023 [MAM] Item Nos.38 & 39 The petitioners have filed both the Writ Petitions involving the similar and common factual and legal issues and both are taken up together.

The petitioners have filed these Writ Petitions in the capacity of a friend whose no legal right has been infringed. Learned Advocate appearing for the respondents opposed this Writ Petition on the ground of maintainability of the Writ Petition.

It is not a Public Interest Litigation where the interest of public at large is involved and that petitioner can't espouse the cause of a third person unless who are underprivileged person in the society or a man of no means and could not have access to approach the Court. The petitioners herein are neither the occupants of the premises in question where the alleged illegal construction has been taken place nor the Government authority itself has come up or approached this Court against encroachment over the land if it belongs to it. Petitioners are also not in a position to establish as to their legal right if any has been infringed in any manner. It appears to me that the petitioners have some vested interest and personal vendetta against the private respondent. It is for the Government authority to take action if it is so aggrieved by any action of a person relating to its right over its land in question, if any. With this observations both the Writ Petitions are dismissed.

(Md. Nizamuddin, J.)