Mahesh Babu v. Port Blair Municipal Council And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** MA/5/2023 IA No : CAN/1/2023 Mahesh Babu Vs.

Port Blair Municipal Council and another Mr. Arul Prasanth ... for the appellant Mr.Mohammed Tabraiz ... for the respondents March 21, 2023 [SR] Item No.3 This appeal has been filed from the impugned order passed by the Single Bench of this Court dated February 15, 2023.

After hearing the parties, we find that the appellant does not have any connection with the said property but has raised some objection as to the construction in the property. We do not find that the appellant is connected to the property and is affected and also how his legal right is infringed.

We find that the appellant does not have any locus standi to move such writ application and also the appeal. Therefore, the appeal is not entertained and it is dismissed. Learned advocate for the appellant has relied upon a judgment in Civil Appeal No. 7356 of 2012, Dipak Kumar Mukherjee vs. Kolkata Municipal Corporation and others, para (27) delivered by the Hon'ble Supreme Court but from the said paragraph, we do not find that it supports the

contention of the case of the appellant as to the infringement of his right.

The appeal, being MA/5/2023 and interlocutory application being CAN/1/2023, are dismissed.

( Abhijit Gangopadhyay, J. ) ( Aniruddha Roy, J. )