Sibaji Basu Roy Choudhury & Anr vs Baranagar Municipality & Ors
2023 Latest Caselaw 2039 Cal

Item No    27.03
   30      2023
Ct No 24                           In the High Court At Calcutta
  AGM
                                  Constitutional Writ Jurisdiction
                                           Appellate Side

                                          WPA 1175 of 2023

                                 Sibaji Basu Roy Choudhury & Anr.
                                                 Vs
                                   Baranagar Municipality & Ors.

                   Mr. Abhirup Chakraborty,
                   Mr. Tuhin Ganguly,                    ... For the petitioners.

                   Mr. Partha Pratim Ray,
                   Mr. Debal Das,
                   Mr. Monish Banerjee,                  ... For the State.

                   Mr. Ranajit Chatterjee,
                   Mr. Arijit Dey,
                                                         ... For the Municipality.


                            Affidavit-of-service filed today in Court be kept with

                   the records.

                            The order passed by the Board of Councillors,

                   Baranagar        Municipality       dated    30 th   August,    2022

                   communicated to the parties by communication dated

                   19th September, 2022 is under challenge in the present

                   writ petition.

                            By    the   said   order    the    deviations   in    making

                   construction has been permitted to be retained subject to

                   payment of penalty. According to the petitioners, the same

                   is impermissible.

                            Reliance has been placed on the judgment delivered

                   by this Court in the matter of Raju Chanda & Anr -vs-

                   State of West Bengal & Ors reported in (2010) 3 CHN 39

                   (Cal).
                            2




      The matter is to be decided upon exchange of

affidavits.

      Let affidavit-in-opposition be filed by four weeks.

Reply, thereto if any, by a fortnight thereafter.

      Liberty to mention.

      The     issue   of       maintainability   raised    by   the

respondents is kept open to be decided at the time of final

hearing of the writ petition.

( Amrita Sinha, J.)