Sanjoy Das & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 2504 Cal

12.04.2023
Item No.04
Court No.6.
    S. De
                               M.A.T. 644 of 2023
                                       with
                             I.A. No. CAN 1 of 2023

                              Sanjoy Das & Anr.
                                      Vs
                        The State of West Bengal & Ors.

                    Mr. Ranajit Chatterjee,
                    Mr. Nilratan Banerjee,
                    Mr. Arijit Dey,
                    Mr. Aniruddha Mitra,
                                       ...for the appellants.
                    Mr. Raghunath Chakraborty,
                    Ms. Sabnam Sultana,
                                 ...for the respondent no.4.

Mr. Deepan Kr. Sarkar, Mr. Dinabondhu Dan, Mr. Dipayan Dan, ...for the respondent no.......

Mr. Sandip Ghosh, Mr. Sudarsan Roy, Mr. Romit Bose, ...for the North Dum Dum Municipality.

Affidavit-of-service filed in Court be kept with

the records.

This appeal is directed against a judgment and

order dated April 10, 2023 passed by a learned Single

Judge of this Court in WPA 8400 of 2023. We are told

that by the said order the learned Judge has directed

demolition of the impugned construction.

Unfortunately, copy of the order is not available

as learned advocates for the parties say that the same

has not yet been uploaded on the website.

The appellants may or may not have any case.

We will have to decide that upon perusing the order

under appeal. Hence, let the matter be listed again on

tomorrow (13.04.2023) before Original Side matters in

the morning. The Municipality shall not take any

steps for demolition till day after tomorrow

(14.04.2023) or until further order whichever is earlier.

The Municipality shall act on communication of

this order by its advocate-on-record.

Mr. Ghosh, learned advocate representing the

Municipality says that all arrangements have been

made for demolition of the impugned construction of

the appellant in terms of the learned Single Judge's

order. Police personnel have been deputed.

Substantial expenses have been incurred. We make it

clear in the event we find that there is no merit in the

appeal, the appellants may have to bear such costs.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)