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2010 Supreme(Cal) 580

SOUMITRA PAL
Raju Chanda – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Petitioner(s):Aloke Kr. Ghosh, Rabindra Narayan Dutta, Arun Kr. Ghosh, Ravi Sankar Dutta, Hare Krishna Halder, Koushik Bhattacharyya, Advocates.
For the Respondent Nos. 2 & 3:Arabinda Chatterjee, Dwaipayan Sengupta, Ms. Kakali Dutta, Advocates.

JUDGMENT:-

Soumitra Pal, J:

1. In this writ application the petitioners have prayed for a direction on the respondents particularly on the Chairman, Habra Municipality, the respondent no.3 (for short ‘the said respondent’) to act in accordance with law and to hand over the original building plan relating to the construction of the second and third floors (hereinafter referred as ‘the additional construction’) at premises no. 1/1 Kanchari Para Road, Habra, North 24 Parganas (for short the “said premises”) treating it to be as sanctioned since requisite fees have been paid and to withdraw the decision of the said respondent cancelling the Certificate of Enlistment regarding the business carried on by them in the name and style of M/s. Meena Bazar at the said premises since it was passed without their knowledge. Prayer has also been made for a direction upon the Board of Councillors of the Habra Municipality, the respondent no.2, and the said respondent to regularise the construction in excess of permissible floor area ratio for which fine has been paid and to cancel the notices dated 8th October, 2009 and 9th October, 2009 issued by the said respondent. Prayer has been made for a writ





















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