Calcutta High Court (Appellete Side)
Tapasi Seth & Ors vs The Chairman/Chairperson on 13 September, 2021
Author: Biswajit Basu
Bench: Biswajit Basu
13.09.2021 (S/L-20) Ct.-18 (Susanta) (Via Video Conference) C.O. 1600 of 2021 Tapasi Seth & Ors.
-Vs-
The Chairman/Chairperson, Basirhat Municipality & Ors.
Mr. Kallol Kumar Basu,
Mr. Tanmay Mukherjee,
Mr. Paramesh Chakraborty,
Mr. Archisman Sain,
Mr. Arif Md. Khan,
... For the Petitioner.
The petitioners being aggrieved by the decision of the Board of Administrators, Basirhat Municipality directing demolition of alleged unauthorized construction in the plot No. 2411 under Mouza-Basirhat, Village- Bichalighata (Astana Road) Police Station - Basirhat, District- 24-Parganas (North) have preferred the connected Municipal Appeal under Section 218(3) West Bengal Municipal Act, 1993 being M.J.C. No. 30 of 2021 pending the before the 1st Court of learned Civil Judge (Junior Division), Basirhar, North 24-Parganas. The appeal Court below by the order impugned has dismissed an application filed by the petitioner praying for stay of the operation of the decision under challenge in the said appeal, even after finding prima facie case and deciding 2 to hear the said application in presence of the other side.
The order impugned prima facie is not sustainable, the revisional application, therefore, requires further consideration. The petitioner is directed to serve the copy of the application upon the opposite party by Speed Post with Acknowledgement Due intimating that the matter will come up in the Combined Monthly List of December 2021 under the heading "Motion".
The petitioner to file affidavit-of-service on the next date of hearing.
There shall be stay of operation of the decision of the Board of Administrators, Basirhat Municipality for demolition of the aforementioned premises till the end of the month of December 2021 or until further order whichever is earlier.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)