Calcutta High Court (Appellete Side)
Arghendu Pal Choudhury vs Ranaghat Municipality & Ors on 10 June, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
19 10.06. RVW No.92 of 2019
ns 2019
Arghendu Pal Choudhury.
Versus
Ranaghat Municipality & Ors.
Mr. Srijit Chakraborty,
Mr. Avirup Mondal,
Mr. Anand Jha .... For the petitioner.
Mr. Manas Kundu,
Ms. Sharmila Deb .... For the State.
Mr. Achintya Kumar Banerjee,
Mr. Sk. Faridullah .... For the municipality.
Mr. Mrityunjoy Goswami,
Mr. Parikshit Goswami ... for the private respondent.
Re: CAN 4213 of 2019 This is an application for condonation of delay in making and filing the review application.
The causes shown are accepted as sufficient. Delay of 312 days is condoned.
CAN 4213 of 2019 is disposed of.
No order as to costs.
Re: CAN 4214 of 2019 This is an application for interim order in the 2 pending review application.
Learned Advocate appearing for the petitioner submits that, the municipality was incorrect when submitting that, there was no construction at plot no.4921 on May 3, 2018 which prompted the Court to dispose of the writ petition in the manner as recorded in such order. He submits that, a subsequent writ petition was filed to unearth the truth. Now, the municipality has taken a stand that, there is unauthorised construction at such plot. Therefore, he seeks review of the order dated May 3, 2018 since, the subsisting order is likely to be in conflict with any other order that may be passed in the subsequent writ petition.
The State, the municipality and the private respondent are represented.
Learned Advocate appearing for the municipality submits, on instructions, that, the municipality found unauthorised construction at plot no.4921 and that, there subsists an order of demolition.
In such circumstances, it would be appropriate to direct the municipality to produce the order of demolition passed in respect of plot no.4921 and also inform the Court as to the area of unauthorised 3 construction. The municipality will submit such materials by way of an affidavit to be affirmed within two weeks from date.
List CAN 4214 of 2019 along with RVW 92 of 2019 on June 26, 2019 under the same heading for further consideration.
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. )