AJIT KUMAR KHAMRAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : The petitioners in this WP under art.226 of the Constitution of India dated March 11, 2011 are seeking the following principal relief:-

(2.) THE first petitioner filed a suit against the sixth and the seventh respondents on June 20, 2007. The suit was for declaration and injunction. The sanction granted by the Municipality to the sixth and seventh respondents to erect the building in question was referred to in the plaint. The petitioners made a complaint that the sixth and the seventh respondents were erecting unauthorised constructions. On the basis of the complaint the Chairman of the Midnapore Municipality issued a notice (WP p.19) under s.220 of the West Bengal Municipal Act, 1993. A copy of the notice was sent to the petitioners on July 4, 2007.

(3.) MR Sahoo appearing for the sixth and seventh respondents has submitted that the WP No.26639 (W) of 2007 was dismissed for non-appearance of the petitioners therein by an order dated September 10, 2008. Then the petitioners moved another WP No.17604(W) of 2009 dated September 23, 2009 seeking a mandamus commanding the authority of the Municipality to take steps for demolition of the constructions erected by the sixth and seventh respondents. By an order dated July 9, 2010 (WP p.36) the WP was disposed of.