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2022 Supreme(Cal) 160

BISWAJIT BASU
Chanchal Kumar Das – Appellant
Versus
Chairperson, Board of Administrators, Rajpur Sonarpur Municipality – Respondent


Advocate Appeared:
For the Petitioner:Partha Pratim Roy, Dibakar Bhattacharjee, Advocates.
For the Opposite Parties :Mir Anuruzzaman, A.K. Gayan, A.A. Gayen, Advocates.

JUDGMENT :

Biswajit Basu, J.

1. The instant revisional application under Article 227 of the Constitution of India is arising out of an appeal under Section 218(3) of The West Bengal Municipal Act, 1993 (hereinafter referred to as the ‘said Act’ in short) and is directed against the order no. 5 dated January 21, 2022 passed by the 2nd Court of learned Civil Judge (Junior Division) at Baruipur, District- 24 Parganas (South) in the said appeal being Other Appeal No. 01 of 2022.

2. What is the period of limitation in preferring an appeal under subsection (3) of Section 218 of the said Act against an order of demolition or alteration of a building made by the Board of Councillors of a municipality under sub-section (1) thereof, is the issue falls for consideration in the present revisional application.

3. The relevant facts necessary to deal with the aforesaid issue are thus; the opposite party no. 4 filed a writ petition being W.P. No. 9041(W) of 2015 alleging that the petitioner has been carrying on unauthorized construction over the plot of land belonging to him and prayed necessary direction for demolition of the said construction.

The said writ petition was disposed of vide order dated

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