Calcutta High Court (Appellete Side)
The Registrar General vs The State Of West Bengal & Ors on 3 October, 2016
Author: Arindam Sinha
Bench: Arindam Sinha
1
IN THE HIGH COURT AT CALCUTTA
03-10-2016 Constitutional Writ Jurisdiction
Appellate Side
Subrata
.
W.P.No.27467(W) of 2015 The Registrar General, High Court, Calcutta
-vs-
The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya Mr. Uday Sankar Bhattacharya Mr. Narendra Prasad Gupta Mr. Anupam Kumar Bhattacharya Mr. Umesh Kumar Saw ...for the petitioner Mr. Sadhan Kumar Halder Mr. Sabyasachi Mondal ...for the State Mr. Aloke Kumar Ghosh Mr. Swapan Kumar Debnath ...for the Corporation Let the amended copy of the writ petition be served upon the added respondents by the registry at its own costs by speed post.
In order to prevent further mischief the following directions are issued -
(a) The Corporation shall not supply water nor shall provide sewer connection to any of the constructions undertaken by the added respondents.
(b) CESC Ltd shall not provide any electric connection to any of the constructions undertaken by the added respondents.
(c) The added respondents shall not create any third party interest in any of the constructions undertaken by them.
(d) The Deputy Commissioner of Police, North 2 Division is directed to see that the orders passed by this court on May 13, 2016, September 23, 2016 and this day itself are not violated in any manner whatsoever by anyone.
Mr Bhattacharya, learned senior advocate appearing for the petitioner, pointed out that there are more constructions, particulars whereof may have inadvertently not been furnished by the Corporation. Particulars of such unauthorised constructions submitted by the petitioner are as follows -
i) 96/H/48 Cossipore Road, Kolkata & 96/H/48 portion;
ii) 96/H/5, Cossipore Road, Kolkata
iii) 96/H/33, Cossipore Road, Kolkata
iv) 96/H/17, Cossipore Road, Kolkata.
Accordingly, the Corporation is directed to ascertain as to whether anyone of the four above-named constructions is an unauthorised one. In case anyone is or all of them are, the directions passed herein shall also be applicable to them. The Corporation shall in that case furnish the particulars of the persons responsible for making those constructions so that they can also be added as parties to this petition.
Let affidavit of service filed by the Corporation be taken on record.
The writ petition be listed for consideration on November 11, 2016 as prayed for. In the meantime the department shall file return of service. A copy of this 3 order shall also be served by the department upon CESC Ltd.
It will be open to the added respondents to pray for variation, modification or repeal of the orders passed herein on the returnable day.
Certified photostat copy of this order, if applied for, shall be given to the parties.
(Girish Chandra Gupta, Chief Justice) (Arindam Sinha, J)