SHYAMLAL SUKUL Vs. MUKLAL SUKUL & ORS

JUDGEMENT

(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

(2.) The instant appeal arises out of a judgment and order dated 10th May, 2018, passed by a learned Single Judge in WP 30604 (W) of 2017 (Sri Muklal Sukul vs. Hooghly Chinsurah Municipality & Ors.). By the impugned judgment and order, the learned Single Judge has proceeded to dispose of the writ petition filed by Sri Muklal Sukul, being the respondent no.1 herein.

(3.) Initially when this appeal was moved, this Court had tried to have the matter resolved through mediation since it was essentially a dispute between two brothers with regard to enjoyment of their joint family property. This effort of having the dispute resolved through mediation failed. As such, this Court was constrained to decide the fate of the appeal on its own merit. Consequently, we had directed the concerned authority of Hooghly Chinsurah Municipality to file a report in the form of an affidavit stating therein specifically as to what was the construction made or was in occupation of the respondent no.1/writ petitioner prior to 8th February, 2017 and what was the extent of construction - if any - made by him after 8th February, 2017, being the date when a plan was sanctioned by the concerned municipality, which was subsequently cancelled. Such report in the form of an affidavit has been filed on behalf of the Hooghly Chinsurah Municipality.