Bhola Paik vs Bangiya Sakharata Prasar Samity & ...
2023 Latest Caselaw 3253 Cal

08.05.2023
Item Nos. 3&4
Court No.6.
    S. De
                                M.A.T. 622 of 2023
                                    Bhola Paik
                                        Vs
                      Bangiya Sakharata Prasar Samity & Ors.

                                         And

                                M.A.T. 621 of 2023
                                        with
                               I.A. No. CAN/1/2023
                                     Bhola Paik
                                         Vs
                          The State of West Bengal & Ors.


                      Mr. Kallol Basu,
                      Mr. Tanmoy Mukherjee,
                      Mr. Sandip Das,
                      Mr. Nilanjan Pal,
                                        ...for the appellant.
                      Mr. Achintya Kr. Banerjee,
                      Mr. Fazlul Haque,
                      Mr. Dipankar Ghosh,
                                        ..for the K.M.C.
                      Mr. Jamiruddin Khan,
                      Ms. Sayanti Sengupta,
                                        ...for the private respondent.

Mr. Ansar Mandal, Ms. Sipra Mazumdar, ...for the State.

(in MAT 621 of 2023) Mr. Jahar Lal De, Mr. Rudranil Dey, ...for the State.

(in MAT 622 of 2023)

These two appeals are directed against the

judgment and order dated March 29, 2023, whereby

two writ petitions, one filed by the present appellant

being WPA 22925 of 2022 and the other filed by the

respondent nos. 1 and 2 in MAT 622 of 2023 being

WPA 15466 of 2022, were disposed of.

It appears that a plan was sanctioned in favour

of the appellant by Kolkata Municipal Corporation for

constructing a G+3 building, at premises no.681, P.

Majumder Road, Kolkata. It further appears that a

construction has substantially been made by the

appellant at premises no.294, P. Majumder Raod,

Kolkata. At least that is the allegation of the

respondent nos. 1 and 2 in MAT 622 of 2023. Those

respondents claim ownership of premises no.294. Of

course, the appellant says that he is making

construction on premises no. 681, P. Majumder Road,

Kolkata.

There appears to be some confusion.

Let the Kolkata Municipal Corporation file a

short report in the form of affidavit to clear the

confusion to the extent it is possible for the

Corporation. Let such affidavit be filed within ten days

from date (May 18, 2023).

List the matter once again on May 18, 2023.

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