OMKAR PRASAD Vs. DEVANAND CHOUDHURY & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No.1 had filed Writ Petition No. 23170 (W) of 2012 in the High Court of Calcutta, wherein it was alleged that the appellant-herein had constructed a building on the land which was declared surplus and vested in the State and therefore such a construction was illegal and should be demolished. The appellant was also impleaded as one of the respondents in the writ petition. Notices were issued which were served on the appellant. However, the appellant did not appear.

(3.) After hearing the matter, the High Court has passed the impugned order dated 16.01.2013 accepting the contention of respondent No.1 that the land was surplus and therefore vested in the State and thus the appellant could not have raised any construction thereupon.