SHAIL KUMARI SINGH Vs. GIRIJA SHANKAR SHAW @ JAISWAL

JUDGEMENT

(1.) This case is a classic example of abuse of process of Court by the appellant.

(2.) The matter relates to premises nos. 62/A/2 and 62/A/3, J.N. Mukherjee Road, Ghusuri, Howrah. Complaining that the appellant/private respondent is making unauthorised construction on the said premises, the writ petitioners made a representation to the Howrah Municipal Corporation (in short "HMC "). Alleging inaction on the part of HMC, the writ petitioners filed a writ petition being W.P. no. 17010 (W) of 2012. Such writ petition was disposed of by a learned Single Judge by an order dated September 13, 2012, the relevant portion of which reads as follows:-

(3.) It appears that in spite of the aforesaid restraint order, the appellant made unauthorised construction on the said premises. This prompted the writ petitioners to file another writ petition being W.P. no. 19494 (W) of 2013 praying for a direction upon HMC to implement the demolition order dated June 15, 2012, passed by HMC in respect of the unauthorised construction made by the appellant. The appellant also filed a writ petition being W.P. no 28954 (W) of 2013 challenging the demolition proceedings and the order of demolition.