JUDGMENT :

Saugata Bhattacharyya, J.

The writ petition has been presented, inter alia, challenging two orders dated 4th May, 2012 and another dated 15th October, 2015 passed by the Special Officer (Building) and Municipal Building Tribunal on B.T. Appeal No.66 of 2012 respectively.

2. Mr. Chatterjee, learned counsel representing the petitioners submits that the aforesaid two orders passed by the adjudicating authorities at two stages are not tenable since a decree was passed by the civil court on Title Suit No.66 of 1961 dated 1st February, 1961 declaring the order passed by the Kolkata Municipal Corporation (hereinafter referred to as “Corporation”) on 6th July, 1960 and which was confirmed vide notice dated 21st September, 1960 deciding demolition of the structure at the suit premises illegal and the corporation was permanently restrained from demolishing the structure at the premises in question.

3. According to the petitioners this decree dated 1st February, 1961 is an important aspect in determining the validity and legality of the aforesaid two orders passed by the adjudicating authorities at two stages since it has been submitted that the alleged construction made by the pet