IRFAN AHMED KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have filed the instant writ petition seeking issuance of writ of mandamus upon the respondent authorities to forthwith stop the illegal construction going on in front of the remises No. B/9/H/1, New Kasia Bagan, Kolkata-700017 by the private respondents. A writ in the nature of mandamus has also been sought for against the police authority and the municipal authorities commanding them to demolish the illegal construction which was raised in front of the premises No. B/9/H/1, New Kasia Bagan, Kolkata-700017. The parties have filed their respective affidavits in connection with this writ petition. It is an admitted position that construction was raised by the respondent No. 9 on a part of the footpath, creating obstruction to the free access of the petitioners through the said footpath. Thus, existence of the footpath and raising of construction on a part of it, is not disputed by the respondents.

(2.) The petitioners have prayed for removal of the construction raised on the part of the footpath.

(3.) The respondents are opposing the petitioners' prayer for removal of the said unauthorised construction from the footpath.