Pradipta Patra & Anr. vs Shanti Dey & Ors.

Affidavit of service filed in Court today be taken on record.

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.

The instant appeal arises out of a judgment and order passed by the learned Single Judge on 26th April, 2017, in WP 11210 (W) of 2017 (Shanti Dey & Anr. vs. The State of West Bengal & Ors.). The appellants before this Court were the private respondents in the writ petition.

The writ petition appears to have been disposed of with a direction upon Howrah Municipal Corporation to see that the order of demolition is impleaded [sic; read, implemented] with full force and rigour with a certain time frame as specified in the impugned judgment and order.

However, it is evident that this valid and subsisting direction upon Howrah Municipal Corporation passed by the learned Single Judge of this Court is sought to be rendered nugatory by the action of the Howrah Municipal Corporation. This is apparent from the two documents annexed to the stay application, being annexure "F" at pages 115-116. It appears therefrom that Howrah Municipal Corporation has accepted a sum of Rs.1,57,400/- from the appellants herein after the judgment and order dated 26th April, 2017 was passed, only in order to regularise a palpably illegal and unauthorised construction made by the appellants, which was directed to be demolished by the concerned authority of Howrah Municipal Corporation in terms of an order dated 4th October, 2016, that had been passed pursuant to an order dated 21st December, 2015, in an earlier writ petition, being WP 27128 (W) of 2015. Incidentally, inaction on the part of the concerned authority of Howrah Municipal Corporation in order to implement the order dated 4th October, 2016, prompted the respondent nos.1 and 2 herein, being the writ petitioners, to file WP 11210 (W) of 2017, wherefrom the impugned judgment and order emanates. In an Intra-Court Mandamus Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed upon a plain reading of the impugned judgment and order. No such palpable infirmities or perversities are noticed from a plain reading of the impugned judgment and order. The impugned judgment and order is supported with cogent and justifiable reasons. As such, no interference is warranted.

For reasons stated above, the appeal and the application for stay are liable to be dismissed and stand accordingly dismissed.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.