Calcutta High Court (Appellete Side)
Bidhan Choudhury vs The State Of West Bengal & Ors on 9 December, 2019
Author: Arindam Sinha
Bench: Arindam Sinha
1
09.12.2019
ap
14
W. P. 27783 (W) of 2016
Bidhan Choudhury
Vs.
The State of West Bengal & Ors.
Mr. Debanshu Ghorai
... For petitioner.
Mr. Bikash Kumar Chatterjee
... For the Municipality.
Mr. Arnab Saha
Mr. Abhimunya
Mr. Santanu Sett
... For private respondent.
This writ petition has been listed under heading 'For Orders' pursuant to direction made in order dated 5th December, 2019, when petitioner, the Municipality and private respondent were represented.
Mr. Ghorai, learned advocate appears on behalf of petitioner and submits, prayer in the writ petition is for compliance of order dated 5th March, 2016 passed by the Municipality. He refers to annexure 'P-5', which is letter dated 9th March, 2016, addressed to private respondent on copy marked to his client. Text of the letter is reproduced below: -
"In reference to the above we would like to inform you that a hearing had been executed on 5th March, 2016 at my chamber. It was decided that the said cantilever, septic tank and the guard wall should be demolished as early as possible unless punitive action may be followed."2
Mr. Saha, learned advocate appears on behalf of private respondent and submits, there is order dated 3rd November, 2017 passed by Court of 4th Civil Judge, (Junior Division), at Sealdah in T.S. 17 of 2015 (Bibek Choudhury vs. Bidhan Choudhury), by which status quo in respect of nature, character and possession of the property was directed upon parties.
Court has perused the order of Civil Court. The order binds parties to the suit. The Municipality is not a party. It is to act under provisions of applicable law, to decide regarding demolition as mentioned in letter dated 9th March, 2016. Court has ascertained from private respondent that said respondent has not challenged this decision.
The Municipality will carry out its order dated 5th March, 2016 regarding demolition of cantilever, septic tank and guard wall, to be notified for execution, within four weeks from date of communication of this order.
With above direction this writ petition is disposed of.
(Arindam Sinha, J.)