S/L 06

15.05.2025 Court No.2 (Susanta)

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CIVIL REVISIONAL JURISDICTION C.O. 46 of 2025 With I.A. CAN 1 of 2025 Smt. Rachana Pradhan & Ors.

Vs.

Smt. Shalla Sultan Plant Mr. Sandip Manda , Mr. Amit Saha, … For the Petitioners.

Mr. Nabankur Paul, Mr. Rajdeep Bhattacharjee, Ms. Sutapa Sen, Mr. Bodhisatya Ghosh, …. For the Opposite Party.

Affidavits-of-service filed on behalf of the petitioners be kept with the record.

The instant application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration and recovery of possession which is directed against the order no. 74 dated December 23, 2024 passed by the learned Civil Judge (Senior Division), Darjeeling in the said suit being title Suit No. 07 of 2021.

The learned Trial Judge, by the order impugned has dismissed an application filed by the plaintiffs praying for a direction upon the defendant to dismantle and/or demolish the unauthorized and illegal construction over suit schedule ‘A’ property.

Mr. Mandal, learned advocate for the petitioners submits that the defendant, without a building sanction plan, is executing the construction work, en