Item No. 38 24.11.2025 Court. No. 6 GB C.O. 1180 of 2025 Shiv Prasad Dubey Vs.

Kolkata Metropolitan Development Authority & Ors.

Mr. Shibaji Kumar Das, Ms. Parbati Mondal … for the Petitioner.

Mr. Satyajit Talukdar, Mr. Arindam Chatterjee … for the K.M.D.A. Mr. Partha Ghosh, Mr. Rishav Kumar Thakur … for the Opposite Party Nos.2 & 3.

1. By the order dated March 4, 2025, the learned Civil Judge (Junior Division), 3^rd Court at Howrah rejected an application for local inspection filed by the plaintiff in Title Suit No.1162 of 2018. The plaintiff is the petitioner. The plaintiff is enjoying an order of temporary injunction.

2. The learned court was of the view that, as the plaintiff was alleging encroachment by construction of a garden cum island in front of two shop rooms, which were in the possession of the plaintiff, the plaintiff ought to have prayed for local investigation and not local inspection. The plaintiff is aggrieved by the rejection of the application for local inspection.

3. It is submitted that local inspection is necessary to ascertain the exact position of the garden cum island . Other local features are also required to be ascertained.

4. Mr. Das, learned advocate for the p