KAUSICK DAS Vs. MIDNAPORE MUNICIPALITY

JUDGEMENT

(1.) Heard Mr.Jayanta Das, learned counsel for the petitioner; Mr.Bandyopadhyay, learned counsel for the respondent Municipality and Mr.Goutam Kr. Das, learned counsel for the seventh respondent.

(2.) This writ petition has been filed by the petitioner to quash the impugned resolution/order passed by the Chairman, Midanapore Municipality and also seeks direction against the official respondents not to give effect and further effect to the memo as contained in Annexure P- 7 and to restrain the private respondent from proceeding with the unauthorized construction being made in terms of the impugned resolution/order as contained in Annexure P-7.

(3.) The case of the petitioner is that the petitioner and his brother are the owners of the landed property with dwelling house within Mouza- Nabinabag Barabazar, J.L. No.185, R.S Khatian No.288, L.R Khatian No.526, R.S.Plot No.920, L.R Plot No.1509 and R.S. Plot No.919 and L.R. Plot No.1508, measuring an area of 0.0330 acre and the same was purchased by the petitioner and his deceased unmarried brother Kalyan Das from one Suhas Majumdar under a deed of conveyance dtd. 1/11/1999. After purchasing the said land, they had constructed a dwelling house thereon as per the plan sanctioned by the Municipal authority and they are residing in the said property. The contiguous to the southern side of the plot and building is owned by the petitioner. There is a shop of the seventh respondent and his deceased brother Lt. Purusottam Chandak, who purchased all that each piece and parcel of land situated Khatian No.292, Plot No.922/1436, Area - 0080 acre from one Surjapada Saha under a sale deed dtd. 7/12/1994.