ARIJIT BANERJEE, KAUSIK CHANDA
Shail Kumari Singh – Appellant
Versus
Girija Shankar Shaw @ Jaiswal – Respondent
JUDGMENT
arijit Banerjee, J. - This case is a classic example of abuse of process of Court by the appellant.
2. The matter relates to premises nos. 62/a/2 and 62/a/3, J.N. Mukherjee Road, Ghusuri, Howrah. Complaining that the appellant/private respondent is making unauthorised construction on the said premises, the writ petitioners made a representation to the Howrah Municipal Corporation (in short 'HMC'). alleging inaction on the part of HMC, the writ petitioners filed a writ petition being W.P. no. 17010 (W) of 2012. Such writ petition was disposed of by a learned Single Judge by an order dated September 13, 2012, the relevant portion of which reads as follows:-
'Having regard to the fact that the learned advocate appearing for the private respondent no. 4 submits that his client is not raising any construction in the premises in question and also by taking note of the fact that the Howrah Municipal Corporation has not issued any sanctioned plan authorising the private respondent no. 4 to raise any construction in the said premises, this Court disposes of this writ petition by passing an order of injunction restraining the respondent no. 4 from raising any construction in the premis
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