Shanti v. Sri Vijaya Puram Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/415/2025 Shanti Vs.

Shri Vijaya Puram Municipal Council and others Mr. S. C. Mishra ...

for the petitioner Mr. V.D.Sivabalan ...

for the respondents Mr. Adarsh Ilango ...

for the pvt. respondent November 04, 2025 [SR] Item No. 15 The writ petition is disposed of without any order. The appeal is pending before the Administrator. If the prayers are allowed, the appeal will become infructuous.

Mr.S.C.Mishra, learned advocate for the petitioner submits that unauthorized construction should be demolished as the appeal before the Administrator is highly belated. In my view, the right of appeal is a statutory right, which has been availed of by the respondent no.3. Even if the same is belated, it is for the learned Administrator to decide whether to entertain such belated appeal or not. At this stage, the direction upon the municipality to demolish the structure as per the decision of the Deputy Commissioner, will render the appeal as infructuous and a valuable right will be lost. Under such circumstances, the writ petition is disposed of. The parties are granted liberty to approach the learned Administrator for expeditious disposal of the appeal. As no affidavit-in-opposition has been called for, the allegations made by the petitioner are deemed to be denied.

Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )