An order passed or action taken by a statutory authority in contravention of an interim order of court is not enforceable.

JUDGMENT :

Apurba Sinha Ray, J.

1. These two appeals are directed against a common judgment and order dated March 29, 2023, whereby a learned Single Judge of this Court disposed of two writ applications filed by the appellant herein being W.P.A. 22925 of 2022 (Sri Bhola Paik v. The State of West Bengal & Ors.) and W.P.A. 15466 of 2022 (Bangiya Sakharata Prasar Samity & Anr. v The State of West Bengal & Ors.). Accordingly the two appeals have been taken up for hearing and disposal together.

2. The appellant claims to have become the owner of a plot of land situated at 681, P. Majumdar Road, Kolkata by virtue of a registered Deed of Conveyance dated 25.07.2018. The respondent Nos. 5 and 6 in MAT 621 of 2023 are the owners of the adjacent plot of land situated at 294, P. Majumdar Road, Kolkata by virtue of a registered Deed of Indenture executed in the year 1992. Their names had been mutated in the municipal corporation’s records. The appellant had also mutated his name in respect of the premises No. 681, P. Majumdar Road, Kolkata and thereafter made an application before the Kolkata Municipal Corporation for sanction of building plan in his favour and the same was duly approved. Thereafter, the appellant commenced the construction work of a multistoried building at 681, P. Majumdar Road, Kolkata. The respondent Nos. 5 and 6 raised an objection before the Corporation stating that the appellant started his construction upon premises no. 294, P. Majumdar Road, Kolkata which belongs to the respondent No. 5, namely, Bangiya Saksharata Prasar Samity, instead of premises No. 681, P. Majumdar Road, Kolkata.

3. Thereafter, the respondent Nos. 5 and 6 filed Title Suit No. 105 of 2022 and the petitioner/appellant also filed a Civil Suit being Title Suit No. 118 of 2022 before the Learned Civil Judge (Junior Division) 2nd Court Alipore along with an application under Order 39 Rule 1 and 2 praying for injunction restraining the defendants/respondents Nos. 5 and 6 herein from disturbing the peaceful possession of the appellant/plaintiff in respect of premises no. 681, P. Majumdar Road, Kolkata. The said application was allowed on contest and the Learned Court found that the defendant had no right to interfere with the construction work of the petitioner/plaintiff which was being carried on at premises no. 681, P. Majumdar Road, Kolkata and was further pleased to direct the respondent Nos. 5 and 6 herein not to disturb the construction work of the plaintiff over the suit property till the final disposal of the suit.

4. The appellant further states that the respondent Nos. 5 and 6 made a complaint before the Special Municipal Commissioner with a prayer for restraining the petitioner from making any construction upon the premises no. 681, P. Majumdar Road, Kolkata and the said complaint was finally heard on 5th July, 2022 by the Special Municipal Commissioner and after conclusion of the hearing, as the Special Municipal Commissioner failed to identify premises no. 681, P. Majumdar Road, Kolkata he arbitrarily suspended the building plan sanctioned by the building department in respect of premises no. 681, P. Majumdar Road, Kolkata till the title of the land in question is decided by a competent court of law.

5. According to Learned Counsel of the appellant, Mr. Subir Sanyal the special Municipal Commissioner has no right to ignore the order of injunction passed by the Learned Civil Judge (Junior Division) 2nd Court, Alipore, South 24 Parganas, which was also affirmed by the Learned Additional District Judge, 15th Court, Alipore, South 24 Parganas in appellate jurisdiction and as such the said order dated 5th July, 2022 passed by the said Special Municipal Commissioner is illegal and arbitrary. Learned Counsel has also submitted that after the plan was sanctioned the appellant invested a huge sum of money and raised a multistoried building at 681, P. Majumdar Road, Kolkata and if the said sanctioned plan remains suspended till the final disposal of tit