Calcutta High Court (Appellete Side)
Sailesh Bardhan vs North Dumdum Municipality & Ors on 4 September, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
04.09.2023 Sl. No.50(ML) srm C.O. No. 2948 of 2023 Sailesh Bardhan Versus North Dumdum Municipality & Ors. Mr. Partha Pratim Roy, Mr. S.N. Thander ...for the Petitioner.
The revisional application has been filed challenging an order dated August 18, 2023 passed by the learned Civil Judge (Junior Division) at Bidhannagar, North 24-Parganas, in Municipal Appeal No.07 of 2023.
An arguable case has been made out by the petitioner. By the order impugned, the learned court below refused to extend the ad-interim order on the ground of delay. It is submitted that there was no time limit for filing a municipal appeal under Section 218 of the West Bengal Municipal Act, 1993. The petitioner filed the appeal within six months from the order of demolition.
This Court is of the, prima facie, view that if some kind of protection is not given to the petitioner, the revisional application may become infructuous.
Stay of the order of demolition dated August 18, 2023 passed by the learned Civil Judge (Junior Division) at 2 Bidhannagar, North 24-Parganas, up to October 19, 2023 or until further orders, whichever is earlier.
A copy of this revisional application along with a server copy of this order be served upon the opposite parties as also upon the learned Advocate appearing on behalf of the opposite parties in the learned court below.
Affidavit-of-service to be filed on the next date. Let this matter appear in the daily list on September 28, 2023 under the heading "To Be Mentioned".
(Shampa Sarkar, J.)