JUDGMENT :

Supratim Bhattacharya, J.

The instant appeal has been preferred against the order passed by the Ld. Single Judge of this Hon’ble Court dated 30.11.2023 in WPO 1351 of 2023 with WPA 5978 of 2023.

By the impugned order the Learned Judge dismissed the writ petitions on the ground that “…it does not appear that the repairing/ renovation work is in any manner contrary to the provisions of law; neither the same is impermissible in law. The Renovation / repairing work cannot be treated to be unauthorized. …..”

1. Background facts:

i) It would be necessary to advert to the facts underlying the present dispute.

ii) As per the version of the appellant, the appellant namely Pritha Nandy and the sister-in-law of the appellant namely Annapurna Nandy who is the Respondent No. 11, are the joint owners of premises No. 99A, Bidhan Sarani Kolkata-700004. Sushanta Sutar who is the Respondent No. 10 was a tenant in respect of one shop room on the ground floor of the said premises. One Jiban Krishna Bhowmick was a tenant in respect of another shop room on the ground floor of the said premises and was carrying on business of readymade garments under the name and style ‘New Sonar Kella’ and on the d