Calcutta High Court (Appellete Side)
Tarun Kanti Aun vs The Basirhat Municipality & Ors on 4 December, 2023
Item No.56
In the High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
04.12.2023
Ct-24
WPA 23995 of 2023
Tarun Kanti Aun
v.
The Basirhat Municipality & Ors.
with
CAN 1 of 2023
Mr. Avijit Ghoshal
... for the petitioner.
Mr. Kallol Kumar Basu
Md. Jannat Ul Firdous
... for the respondent nos. 6,7 & 8.
The petitioner complains that the private respondents have constructed a road over the private land of the petitioner.
The aforesaid submission of the petitioner has been denied by the learned advocate representing the private respondents.
It has been submitted that a Suit at the instance of the petitioner in respect of the self-same land in question is pending consideration before the learned Civil Court. Prayer made in the Suit is similar to the prayer made in the writ petition.
It appears from the submissions made on behalf of the parties that the issue is with regard to the construction of a pathway. Ownership of the plot where the construction has been made is disputed. The issue is pending consideration before the learned Civil Court.
2It will not be proper for this Court to direct the Municipality to take a decision with regard to encroachment.
In view of the above, no relief can be granted to the petitioner in the instant writ petition. The petitioner may raise all points before the learned Civil Court whether the Suit is pending consideration.
The writ petition and the connected application stand disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
Sh (Amrita Sinha, J.)