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2012 Supreme(Cal) 156

KALYAN JYOTI SENGUPTA, JOYMALYA BAGCHI
Sital Chandra Bodhak – Appellant
Versus
Howrah Municipal Corporation – Respondent


Advocates Appeared:
For the Appellant: Mr. Subrata Bose, Ms. Nabanita Pal, Mr. Sandipto Bose.
Mr. Ashok Decided on :.
For the Respondent Nos. 5–23: Mr. H.S. Chakrabarty.
For Howrah Municipal Corporation: Mr. D.P. Mukherjee, Ms. Smriti Kana Mukherjee, Mr. Debjit Mukherjee, Mr. Bhagbat Chaudhuri.

JUDGMENT

K.J. Sengupta, J.:-

1. Both the appeals have been directed against one and common judgment and order of the learned single Judge dated 24th February 2009 by which two writ petitions being No. 28375 (W) of 2006 and WP No. 4011(W) of 2007 had been disposed of. The first mentioned writ petition was filed by the appellant herein while the second mentioned writ petition was filed by the Respondent Nos. 5 to 23 herein. The learned trial Judge by the said impugned judgment and order however did not grant desired relief to the appellant, while the above respondents have been granted relief to a great extent. It appears from records both the appeals have chequered history and without narrating the same it would be difficult to appreciate the problem posed before this Court. One M/s. Sridhar Housing and Consultant, a partnership firm, consisting of one Dibyendu Roy and one Subhendu Roy purchased a plot of land being Premises No. 20/3 Benaras Road, Salkia, Howrah - 6 (hereinafter referred to as the said premises) and thereafter got sanction to a Plan for erecting building on 27th December 2001. The appellant is the owner of Premises No. 20/1 Benaras Road, Salkia, Howrah - 6 which is on





















































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