JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this appeal the order dated 30.08.2023 as passed in WPA 3189 of 2023 ( Rajkumari Devi Singh vs. Kolkata Municipal Corporation and Ors. ) as passed by the learned Single Bench of this Court has been assailed. Since the present appellant was not a party in WPA 3189 of 2023,an application for leave to prefer an appeal vide; CAN 1 of 2023 was filed and moved before us which was allowed by us vide; our order dated 28.11.2023.

2. The subject matter involved in the instant appeal is the premises No. B/136/H/22, Maulana AbulKalam Azad Sarani (erstwhile Narkeldanga Main Road) Ward no.30, Borough III, Kolkata 700011 (hereinafter referred to as ‘the disputed building’ in short) wherein the present appellant claimed himself to be a tenant under one Shanti Devi Singh.

3. For the effective disposal of the instant appeal some admitted facts are required to be stated and those are under:-

i. One Baljit Singh filed WPA 7911/2023 which was disposed of on 04.07.2023 by a learned Single Judge of this Court praying for demolition of the disputed building which has been allowed and learned Single Judge directed Kolkata Municipal Corporation(hereinafter referred to as