Calcutta High Court (Appellete Side)
Arghendu Pal Choudhury vs Ranaghat Municipality & Ors on 5 August, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
05.08.2019
Ct. No.8
S/L No.3
KS
R.V.W. No.92 of 2019
+
CAN No.4214 of 2019
+
W. P. No.31303 (W) of 2017
Arghendu Pal Choudhury
Versus
Ranaghat Municipality & Ors.
Mr. Srijib Chakraborty
Mr. Avirup Mondal
Mr. Anand Jha
.....For the Petitioner
Mr. Manas Kundu
Ms. Sharmila Deb
.....For the State
Mr. Mrityunjoy Goswami
Mr. Parikshit Goswami
.....For Respondent No.7
R.V.W. No.92 of 2019 and C.A.N. No.4214 of 2019 are taken up for hearing. It is admitted at the bar that, the Municipality passed an order of demolition which, is under challenge in an appeal. There is an order of stay in the appeal.
The order dated May 3, 2018 passed in W. P. No.31303 (W) of 2017 is recalled on review. Such order was passed on the submission of the Municipality that, no construction was happening on Plot No.4921. Subsequent conduct of the Municipality establishes that, there is unauthorized construction against which the Municipality is proceeding.
This order will not prevent any of the parties from availing of their remedies before the appropriate authority, in accordance with law.
In such circumstances, R.V.W. No.92 of 2019 and C.A.N. No.4214 of 2019 are disposed of accordingly.
2W. P. No.31303 (W) of 2017 is disposed of.
No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)