Durga Prasad Bhakat vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1615

IN THE HIGH COURT AT CALCUTTA
KAUSIK CHANDA
Durga Prasad Bhakat – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Uttiya Ray, Mr. Arnab Mandal
For the Municipality : Mr. Subhasis Bandopadhyay
For the Respondent: Mr. Soumik Ganguly, Mr. Ziaul Haque

JUDGMENT :

KAUSIK CHANDA, J.

1.The writ petitioner challenges an order dated August 3, 2023, passed by Burdwan Municipality in compliance with an order dated April 19, 2023, passed in WPA 7323 of 2023 (Durga Prasad Bhagat Vs. The State of West Bengal & Ors.).

2. It is the grievance of the petitioner that predecessor in interest of respondent no. 5 to 7 was a licensee of father of the petitioner in respect of the relevant property.

3. To evict the predecessor in interest of respondent nos. 5 to 7, the petitioner filed an eviction suit before the Court of Civil Judge (Jr. Division), 2^nd Court, Burdwan.

4. The predecessor in interest of respondent nos. 5 to 7 constructed an unauthorised structure on the said land. Pursuant to the order passed by a Co-ordinate Bench of this Court, the Municipality by an order dated August 3, 2023, after hearing all concerned declined to demolish the unauthorised construction.

5. Learned advocate appearing for the petitioner submits that the order dated August 3, 2023, cannot be sustained in the eye of law. He submits that the predecessor in interest of respondent nos. 5 to 7 erected an unauthorised structure measuring about 375 square feet. Such a constructi