Samir Kumar Bhattacharjee vs The State Of West Bengal & Ors
2021 Latest Caselaw 3112 Cal

27-05-2021
 ct no. 13
  Sl.12
   sp

                       WPA 10523 of 2021
                   (Through Video Conference)

                    Samir Kumar Bhattacharjee
                            -Versus-
                  The State of West Bengal & Ors.

             Mr. Subrata Bhattacharya
                                          ....for the petitioner




                   The petitioner is aggrieved by steps taken

             towards demolition of a portion of his property

             by the Burdwan Municipality. The said order of

             demolition appears to have been stayed by the

             learned Civil Judge (Junior Division), 2nd Court

             at Burdwan in Misc. Case No. 49 of 2019.

                   The      private   respondents,    however,

approached this Hon'ble Court in WPA 11049 of

2019 (Ramesh Sonkar & Anr. vs. The State of

West Bengal & Ors.). The said writ petition was

disposed of by order of a Co-ordinate bench

dated April 12, 2021 directing the Burdwan

Municipality to take necessary steps for

demolition of unauthorized construction.

The petitioners herein, who were private

respondents in the said writ petition did not

appear despite service as recorded by the Co-

ordinate Bench.

The petitioner seeks stay of the demolition

order.

This Court is of the clear view that the

petitioner's remedy is to seek recall or

modification of the order dated April 12, 2021

and not filing of a fresh writ petition.

The writ petition shall therefore stand

dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)