Honble Mr. S.C. Das, J.

1. The petitioner, named above, set the law in motion presenting the writ petition under Art. 226 of the Constitution, seeking this Court to issue a writ of mandamus, directing the respondents to demolish the room constructed over the first floor of the building of respondent No.1 pursuant to the Municipal sanction, dated 19.04.2004 (Annexure-7 to the writ petition).

2. Heard learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. S. Choudhury for the petitioner and learned senior counsel, Mr. S.M. Chakraborty, assisted by learned counsel, Mr. S. Bhattacharjee for respondent No.1.

None appeared for respondent No.2 though notice was served, and initially, Mr. A. Ghosh, learned counsel, entered appearance but neither submitted any affidavit-in-opposition nor participated in the hearing.

3. It may be mentioned here that this writ case and RSA No.12 of 2009 were heard simultaneously as per prayer of learned counsel of both sides since the dispute arose concerning the same parties.

4. In a short compass, the case of the petitioner is that late Amulya Kumar Chakraborty, the father of the petitioner and respondent No.1, executed a will on 27.10.1992