Sushila Jaiswal & Others vs Ravindra Kumar Jaiswal & Others
2023 Latest Caselaw 4823 Cal

07.08.2023
Item No.5.
Court No.6.
   AB
                              M.A.T. 1373 of 2023
                                      With
                               I A CAN 1 of 2023

                           Sushila Jaiswal & Others
                                      Vs
                       Ravindra Kumar Jaiswal & Others

                    Ms. Kakali Samajpati,
                    Ms. Sangita Jangra,
                    Mr. Subhranil Ray        ...for the Appellants.

                    Mr. Barin Banerjee,
                    Mr. Saurav Chaudhuri ...for the KMC.

                    Mr. Suman Ghosh,
                    Ms. Rajyashree Mukherjee....for the State.

                    Mr. Anupam Kr. Bhattacharya,
                    Mr. Partho Sarathi Das,
                    Mr. Nando Prasad Matho,
                    Mr. Mritunjay Saha.....for the Respondent No.1.

/Writ Petitioner.

Affidavit of service filed in Court today be kept

with the records.

A judgment and order dated July 17, 2023,

whereby the writ petition of the respondent no.1

herein being WPA 9843 of 2023 was disposed of, is

under challenge in this appeal, at the instance of the

private respondent nos.9 to 11 in the writ petition.

From the order impugned, it appears that the

premises in question has suffered a demolition order

passed by the Executive Engineer (Civil)/Building/

Borough-III, dated December 12, 2022. It further

appears that for implementing such demolition order,

notice under Sections 544/546 of the KMC Act, 1980,

was issued to the person responsible. Show-cause

notice under Section 400(1) of the KMC Act, 1980, also

appears to have been issued to the person responsible.

A portion of the impugned structure seems to have

been demolished on January 4, 2023.

The Kolkata Municipal Corporation shall file a

report in the form of affidavit bringing on record the

relevant facts of the case along with supporting

documents. Let such report be filed within two weeks

from date.

List the matter once again on 24.08.2023.

Till the end of August, 2023, or until further

order, whichever is earlier, let no further coercive steps

be taken in respect of the impugned construction.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)