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2024 Supreme(Cal) 954

BIBHAS RANJAN DE
Partha Pratim Karan – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajit Kumar Chaubey, Mr. Kushal Chatterjee, Mr. Shashwat Nayak, Mr. Noorul Islam, Mr. Rahul Kinkar Pandey, Mr. Vinayak Chaubey
For the Respondent: Mr. Gopal Chandra Das, Mr. Subrata Sikdar, Mr. Sabyaschi Bhattacharya, Mr. Z. Ahmed

JUDGMENT :

Bibhas Ranjan De, J.

1. The instant writ petition has been filed with the following substantive prayers:-

    a. A writ in the by mandamus be issued directing the respondent municipal authorities to implement its own order dated 15.12.2003 passed in demolition case no. D/ Case No. 38-D/2003-04, passed by the Mr. N. K. Chakraborty, Special Officer (Building), Kolkata Municipal Corporation so that considerable justice may be done.

b. A writ in the nature of mandamus thereby quashing and set aside the order dated 16.12.2022 in demolishing case No.17-D/XIII/22- 23, passed by Mr. Somenath Boral, Special officer (Building), Kolkata Municipal The Corporation being passed beyond authority.

c. A writ in the nature of certiorari permits a record. A writ in the nature of prohibition thereby restraining the respondent authorities from granting any regularize plan in favour of the private respondent.

2. Background:-

2.1. Petitioner is resident of premises no. 215B, Bhupen Roy road, Behala, Kolkata 700034 and his name was muted at with the Kolkata Municipal Corporation.

2.2. Private respondent no. 5 is also a resident of adjacent two storied building in the premises being no. 215A, Bhupen

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