Abhay Roy & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 7405 Cal

17.11.2023
Item No.17
Court No.6.
 S. De
                                MAT 1871 of 2023
                                       With
                              I.A. No. CAN/1/2023

                               Abhay Roy & Ors.
                                      Vs.
                        The State of West Bengal & Ors.


                    Mr. Sanat Kr. Roy,
                    Mr. Baidurya Ghosal,
                    Mr. Abhishek Banerjee, ...for the appellants.

                    Mr. Balai Lal Sahoo,
                    Mr. Tapan Kr. Roy,
                                            ...for the respondent

nos. 9A & 9B.

Mr. Rajarshi Basu, Mr. K.M. Hossain, ...for the State respondents.

Affidavit-of-service filed in Court is taken on

record.

In this appeal, a judgment and order dated

September 8, 2023, whereby the appellants' writ

petition being WPA 12822 of 2015 was dismissed by a

learned Judge of this Court, is under challenge.

The appellants had approached the learned

Single Judge with a complaint that the private

respondents have made illegal construction by filling

up a pond. Reports were called for from the State

authorities by the learned Judge. On the basis of such

reports, the learned Judge opined that the competent

authority had rightly issued certificates of conversion

in respect of the concerned plot and the Municipality

had rightly sanctioned building plan. Accordingly, the

writ petition was rejected. Hence, this appeal.

We are of the view that instead of having

multiple hearings the appeal itself should be heard

out.

Let the appellants file requisite number of

informal paper books containing all papers that were

available before the learned Single Judge including the

pleadings of the parties and the reports filed before the

learned Judge.

Let such paper books be filed by January 3,

2024.

Notice of appeal are deemed to have been waived

in so far as the appearing respondents are concerned.

Let notice be issued to the Municipality.

List the appeal under the heading "Hearing"

fairly at the top on January 8, 2024.

The stay application being CAN 1 of 2023 stands

disposed of. However, let the same be included in the

informal paper books to be filed by the appellants.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)