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Md. Allarekha Mandal & Anr Vs State Of West Bengal & Ors

Case No: MAT No. 1037 Of 2024

Date of Decision: Jan. 10, 2025

Hon'ble Judges: Debangsu Basak, J; Md. Shabbar Rashidi, J

Bench: Division Bench

Advocate: Ayan Kumar Boral, Md. Sarwar Jahan, Mobaidur Hossain

Final Decision: Dismissed

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Judgement

Debangsu Basak, J

1. Informal paper book filed by the respondents be taken on record.

2. Appellants did not prepare informal paper book despite being permitted to do so and time thereof being extended.

3. Appeal is directed against an order dated May 9, 2024 passed in WPA 1243 of 2024.

4. Appeal is at the behest of the writ petitioners.

5. Learned Advocate appearing for the appellants submits that, appellants are carrying on business in Plot Nos.2065 and 9326. In support of his

contention, he draws the attention of the Court to the two trade licences issued in favour of the appellants in this regard. He submits that, his clients

are no way concerned with Plot No.5385.

6. On an allegation of unauthorized construction in an earlier round of litigation, High Court directed removal of unauthorized encroachers in Plot

No.5385.

7. By the impugned order, learned Single Judge noticed the fact that there subsists an order dated October 4, 2023 passed in WPA 18601 of 2023 for

removal of unauthorized encroachers in respect of Plot No.5385.

8. As noted above, none of the appellants are before us are claiming any right, title and interest in respect of Plot No.5385 from which unauthorized

occupants were directed to be removed.

9. Again, as noted above, learned Single Judge directed removal of unauthorized encroachers from Plot No.5385.

10. In such circumstances, we find no merit in the present appeal.

11. MAT 1037 of 2024 is dismissed without any order as to costs.