Smt. Sonali Kumar vs The State Of West Bengal & Ors
2023 Latest Caselaw 977 Cal

  8 & 10.
06-02-2023
 debajyoti
(Ct. no.06)
                             MAT 42 of 2023
                                   +
                            IA NO:CAN/1/2023

                            Smt. Sonali Kumar
                                     Vs.
                        The State of West Bengal & Ors.

                                   WITH
                             MAT 69 of 2023
                                   +
                            IA NO:CAN/1/2023
                                   +
                               CAN/2/2023

                              Sukdeb Kumar
                                     Vs.
                       The State of West Bengal & Ors.

               Mr. Sandip Ghose,
               Mr. Subrata Das,
               Mr. Debayan Ghosh
                           ... For the Appellant in both the appeals.

               Mr. Malay Singh,
               Mr. Bibekananda Tripathy
                                ... For the State in both the appeals.

               Ms. Mekhla Sinha
                              ... For Howrah Zilla Parishad in both
                                the appeals.



                    By the judgment and order dated December 15,
              2022, impugned in these appeals, the learned Single
              Judge has disposed of two writ applications.       WPA
              35543 of 2013 was a writ application filed by the
              appellant herein.    WPA 4431 of 2019 was a writ
              petition filed by the private respondent herein.

By the order impugned, the learned Judge has directed implementation of a demolition order issued by the Howrah Zilla Parishad in 2013. Implementation of such order would mean demotion of the appellant's portion of the concerned construction as also the

demolition of the portion, which belongs to her husband, namely, Sukdeb Kumar. Sukdeb has filed an appeal with an application for leave to appeal, since he was not a party to the writ petitions which the learned Single Judge disposed of.

Re : CAN/1/2023 in MAT/69/2023

Since the order, if implemented, would vitally affect the applicant, this application is allowed.

CAN 1 of 2023 is, thus, disposed of.

Re:CAN/1/23 in MAT/42/23 & CAN/2/23 in MAT/69/23

The appeals have to be heard out.

We are told that all papers that were available before the learned Single Judge, have been annexed to the stay petition. Let the stay petition be treated as informal paper book. All formalities are dispensed with.

List the matter as the first item under the heading "Hearing" on February 14, 2023.

Let status quo be maintained till the end of February 2023 or until further orders, whichever is earlier, insofar as the constructions belonging to the present appellants are concerned.

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

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