Arup Rakshit @ Raju Rakshit vs The State Of West Bengal & Anr
2022 Latest Caselaw 5113 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri


                       C.R.R. 2719 of 2021

                    Arup Rakshit @ Raju Rakshit
                                 Vs.
                   The State of West Bengal & Anr.


For the petitioner     : Mr. Anand Keshari, Adv.
                         Mr. Joy Shankar Mukherjee, Adv.
                         Mr. Sekhar Mukherjee, Adv.


For the K.M.C.         : Mr.Goutam Dinda, Adv.
                         Mr. Anindya Sundar Chatterjee, Adv.

For the State          : Sreyashee Biswas, Adv.

Heard on               : 05.08.2022

Judgment On            : 05.08.2022.


Bibek Chaudhuri, J.

Vide an order dated 3rd August, 2022, this Court directed the

learned Advocate for the Kolkata Municipal Corporation to submit a

report as to the ownership of premises No.5/23 Bijoy Garh where

illegal construction has been allegedly going on and a case under

Section 401A was registered against the petitioner.

Today the learned Advocate for the Kolkata Municipal

Corporation has submitted a compilation regarding the record of

premises No.5/23 Bijoy Garh. It is submitted by the learned Advocate

on behalf of the Kolkata Municipal Corporation that after the order

dated 3rd August, 2022 having been passed, the concerned

department of Kolkata Municipal Corporation examined the record and

also inspected the place of occurrence. They found that illegal

construction is being carried on at premises No.5/23A Bijoy Garh.

Therefore, it is ascertained from the report of the Kolkata Municipal

Corporation that no illegal construction is going on at premises

No.5/23 Bijoy Garh and the petitioner cannot be held liable to face a

charge under Section 401A of the Kolkata Municipal Corporation Act

on the allegation of illegal construction over plot No.5/23 Bijoy Garh.

In view of such circumstances, all pending proceedings in

Criminal Miscellaneous Case No.1741 of 2017 and M.F. Case No.384

of 2017 arising out of Netaji Nagar Police Station Case No.234 of 2017

against the petitioner be quashed.

This order, however, will not prevent the Kolkata Municipal

Corporation Authority to take appropriate action in respect of illegal

construction, if any, allegedly carried out at premises No.5/23A, Bijay

Garh.

The instant revision, is, thus, disposed of.

Personal appearance of the Executive Engineer, Borough-X,

Kolkata Municipality Corporation be dispensed with.

Case Diary be retained.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.10.

M/L.