The petitioner has a remedy of appeal and the writ petition is dismissed.

JUDGMENT :

M.V. Muralidaran, J.:

Heard Mr.Jayanta Das, learned counsel for the petitioner; Mr.Bandyopadhyay, learned counsel for the respondent Municipality and Mr.Goutam Kr. Das, learned counsel for the seventh respondent.

2. This writ petition has been filed by the petitioner to quash the impugned resolution/order passed by the Chairman, Midanapore Municipality and also seeks direction against the official respondents not to give effect and further effect to the memo as contained in Annexure P-7 and to restrain the private respondent from proceeding with the unauthorized construction being made in terms of the impugned resolution/order as contained in Annexure P-7.

3. The case of the petitioner is that the petitioner and his brother are the owners of the landed property with dwelling house within Mouza-Nabinabag Barabazar, J.L. No.185, R.S Khatian No.288, L.R Khatian No.526, R.S.Plot No.920, L.R Plot No.1509 and R.S. Plot No.919 and L.R. Plot No.1508, measuring an area of 0.0330 acre and the same was purchased by the petitioner and his deceased unmarried brother Kalyan Das from one Suhas Majumdar under a deed of conveyance dated 1.11.1999. After purchasing the said land, they had constructed a dwelling house thereon as per the plan sanctioned by the Municipal authority and they are residing in the said property. The contiguous to the southern side of the plot and building is owned by the petitioner. There is a shop of the seventh respondent and his deceased brother Lt. Purusottam Chandak, who purchased all that each piece and parcel of land situated Khatian No.292, Plot No.922/1436, Area – 0080 acre from one Surjapada Saha under a sale deed dated 7.12.1994.

4. Further case of the petitioner is that the seventh respondent has illegally and without any sanctioned plan started constructing a three storied dwelling house on his land without leaving any space as per the West Bengal Municipal Act and in contravention with the laid down laws of the Municipal Act. In this regard, the petitioner has made a complaint before the Chairman, Midnapore Municipality and, vide letter dated 11.6.2018, the Chairman directed the seventh respondent not to make any construction until further orders as the said construction was illegal. Even after the receipt of the said letter from the Chairman, the seventh respondent paid no heed and he did not stop his illegal construction. The construction is being made upon the boundary wall demarcating the petitioner’s property with the land of the seventh respondent and he has also opened some windows upon the northern wall of the illegal construction thereby violating the West Bengal Municipal Act and Rules framed thereunder. Such an illegal construction, without obtaining any sanction from the Midnapore Municipality, is liable to be demolished.

5. Earlier the petitioner had filed W.P.No.19931 of 2018 against the illegal/unauthorised construction made by the seventh respondent and by the order dated 19.11.2018, the said writ petition was disposed of directing the Municipality to invoke the provisions of Section 218 of the West Bengal Municipal Act within fortnight from date and regarding the issue as to the nature and extent of the unauthorised construction was keep open which is to be decided in such proceedings. After communication of such order to the Municipal authority, the Chairman of the Municipality, by his notice dated 1.12.2018, intimated the petitioner as well as the seventh respondent about the Board of Councilors meeting.

6. On 5.12.2018, the Board of Councillors meeting was held where the petitioner and the seventh respondent were present through their advocates. According to the petitioner, though the hearing was concluded on the same day, no copy of the order thereof was handed over to the petitioner, nor communicated to him. Finding no other alternative, the petitioner has made an RTI application seeking copy of the order dated 5.12.2018 before the appropriate authority. After receiv