Calcutta High Court (Appellete Side)
Haldiram Bhujiawala Ltd. & Anr vs The State Of West Bengal & Ors on 9 August, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
09.08.17
Sl. No. 677
akd
W.P. 19693(W) of 2017
[Haldiram Bhujiawala Ltd. & Anr. -Vs- The State of West Bengal & Ors.]
Mr. Saptangsu Basu,
Mr. Sunil Singhania,
Mr. Kushal Chatterjee
... ... for the petitioners
Mr. H.S. Chakraborty
... ... for the State
It is submitted on behalf of the petitioners that they were unable to make
construction in terms of the sanctioned plan due to the obstruction held out by the police
authorities. It is further submitted that no injunction had been passed in respect of the suit
property in Title Suit No. 35259 of 2014 restraining them to make lawful construction on
the suit land.
By order dated 26th July, 2017, I had directed the defendants in the said suit to be
made party respondents and effect service upon them. Affidavit-of-service filed in Court
today be kept with the record.
Learned advocate appearing for the State-respondents submits that the police authorities are not standing in the way of lawful construction, if any, made on the suit property.
Under such circumstances, I observe that the respondent authorities shall not interfere with the lawful construction, if any, made in the premises in question in accordance with law, save and except for maintenance of law and order and subject to any order that may be passed in that regard in Title Suit No. 35259 of 2014. 2 With the aforesaid observation, the writ petition is disposed of. I make it clear that I have not expressed any opinion with regard to the merits of the pleas of the parties in the aforesaid suit which is to be decided independently and in accordance with law.
Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed to have been not admitted by the respondents.
There shall be no order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Joymalya Bagchi, J.)