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2025 Supreme(Online)(Cal) 2930

CALCUTTA HIGH COURT
Gaurang Kanth, J
Sandip Mukherjee – Appellant
Versus
State of West Bengal & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Manabendra Thakur, Mr. Partha Sarathi Das
For the Respondents: Mr. Ayan Banerjee, Ms. Debasree Dhamali, Ms. Sipra Mazumdar, Ms. Somashree Dey, Mr. Apurba Kr Ghosh

1. The petitioner has preferred the present writ petition being aggrieved by the inaction of the respondent authority in not taking any steps for demolishing the unauthorized construction being carried out at premises no. 23/1, Jagat Banerjee Lane, PO +PS Bally, Howrah at the instance of private respondents.

2. Learned counsel for the petitioner submits that he had entered into a Memorandum of Understanding with the private respondents. A copy of the same has been filed along with the supplementary affidavit wherein both the parties had agreed to the construction to be carried out at the above mentioned premises.

3. It is the submission of the petitioner that the private respondents are carrying out the unauthorized construction in deviation of the valid building permit issued by the Bally municipality on 21.12.2023.

4. Learned counsel for the private respondents submits that they had carried out the construction in terms of valid building permit issued on 21.12.2023.

5. Learned counsel for the respondent municipality submits that they are ready and willing to decide petitioner’s representation dated 13.9.2024.

6. Learned counsel for the petitioner submits that the petitioner shall be s

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