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CALCUTTA HIGH COURT
Gaurang Kanth, J
Sajal Rakshit & Ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
| Table of Content |
|---|
| 1. petitioners challenge eviction notice. (Para 2 , 3) |
| 2. court notes lack of due process and natural justice. (Para 4 , 5) |
| 3. memo quashed for procedural violations. (Para 6) |
| 4. directions for compliance with legal processes issued. (Para 7 , 9 , 10) |
1. Affidavit-of-service is taken on record.
2. The petitioners have preferred the present writ petition being aggrieved by the impugned memo bearing no. 206/21/J.M. dated 03.08.2024 by the Executive Officer, Jhalda Municipality. By the said memo, the petitioners who are lessee of stalls situated in Block – N, Jhalda Municipality, were directed to vacate their respective premises on the ground that the building in question has been declared dangerous and unfit for human habitation by the Ramkrishna Mahato Government Engineering College, Purulia. Relying on the said report, the Board of Councillors, exercising powers under Section 223 of the West Bengal Municipal Act, 1993, resolved to vacate the building to prevent any threat to life or bodily harm of any of the occupants.
3. The petitioners contend that they are lawful lessee in respect of municipal stall nos. 04, 06 and 10 of block N under valid lease agreement executive in
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