SANICHARI DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An application was hit upon by the writ petitioner appellant for a Mandamus, a Rule NISI, Prohibition and for other incidental reliefs which included amongst others an interim injunction restraining the respondents, their men, agents and subordinates from demolishing the structure at premises No.3/1A, Maheswartala Road, P.S. Tangra, till the disposal of the rule.

(2.) The profile of the controversy between the parties gives a wide and bold publicity or a crusade about the legality or otherwise of the impugned structure of the premises No.3/lA, Tangra Road known as 3/1A, Mahaswartala Road, P.S. Tangra, came in both possessed and owned by the writ petitioner by a Deed of Exchange that executed between her, and Smt. Gita Devi dated 12th of January, 1993.

(3.) While amplifying her claim in the injunction petition, she has most sedulously cultivated that she was effecting repairs of the premises which was in a state of disrepair but the respondents on being emboldened by an alleged illegal construction at the above premises activated the demolition under the pretence that there was an infraction of section 400(8) of the Calcutta Municipal Corporation Act, 1980.