Sk. Rafikul Islam vs The North Dum Dum Municipality & ...
2023 Latest Caselaw 2974 Cal

    3.
27-04-2023
 debajyoti
(Ct. no.06)
                               MAT 129 of 2023
                                     +
                              IA NO:CAN/1/2023

                            Sk. Rafikul Islam
                                   Vs.
                 The North Dum Dum Municipality & Ors.

              Mr. Kushal Chatterjee,
              Mr. Shibjit Mitra
                                        ... For the Appellant.
              Mr. Sandip Ghosh,
              Mr. Sudarsan Roy,
              Mr. Debayan Ghosh,
              Mr. Romit Bose
                                        ... For North Dum Dum
                                          Municipality.


                      By consent of the parties, the appeal and the
                application are taken up together for hearing.


                      A judgment and order dated December 15, 2022
                whereby the appellant's writ petition was dismissed, is
                under challenge in this appeal.


                      The appellant had approached the learned
                Single Judge complaining that the Community Hall of
                the   North    Dum     Dum    Municipality       was   an
                unauthorized construction. It was submitted that the
                land on which the Hall was built, is recorded in the
                name of the writ petitioner's forefather.    The learned
                Judge observed that in the writ petition, it has been
                averred that the construction has been made on
                private land without acquiring the same in accordance
                with law. The learned Judge concluded that there is
                nothing on record to show that the land had been
                forcefully occupied by the Municipality.     The learned
                Judge dismissed the writ petition by leaving it open for
                                                                2




  the writ petitioner to approach the appropriate forum
  for redressal of his grievances in accordance with law
  with valid documents, if so advised.            Hence, this
  appeal.


           We have heard learned counsel for the parties.
  We find absolutely no infirmity in the order under
  appeal.     No title dispute can be decided by the writ
  court.


           Mr.   Chatterjee,    learned   advocate     for    the
  appellant, says that there is at least one line in the
  writ petition to the effect that conversion of the land
  was not undertaken before construction was made
  thereon. The appellant will be at liberty to approach
  the appropriate authority in accordance with law in
  that regard.


           The appeal and the connected application are,
  accordingly, disposed of.


           Affidavits   not   having   been   called   for,   the
  allegations in the stay application shall be deemed not
  to have been admitted by the respondents.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.

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