1. THE writ petitioner has alleged that he sold a portion of holding no. 13, Motilal Ghosh Lane, howrah, to Respondent No. 5 Shri Tulsi Ranjan Samaddar by registering a Deed of conveyance dated 16th December, 1983 for the purpose of building on the said plot of the land. The aforesaid Respondent no. 5 submitted a building plan for sanction by the Howrah Municipal corporation. The prayer for sanction was refused and on refusal, the said Respondent No. 5 submitted an appeal before the building committee. The building committee relaxed the building rules and recommended for sanction of the plan. After receiving the sanctioned plan, the Respondent No. 5 started construction illegally in deviation of the sanctioned plan and the Municipal Authority in bona fide exercise of the statutory powers served a notice under Sec. 365 (1) of the Calcutta municipal Act 1923 to stop the construction of such unauthorised portion of the construction. Inspire of service of such notice, the respondent No. 5 made illegal construction viz. two balconies side wall and unauthorised construction on the north within 4 feet of the side space in deviation from the sanctioned plan. It is also alleged that