Jayanta Kumar Biswas - (1.) THE petitioners in this WP under art.226 dated September 15, 2011 are seeking the following principal reliefs: - a) A writ in the nature of Mandamus directing the respondent no.1 to rescind, withdraw and/or cancel the sanction Building Plan already made in favour of the private respondent forthwith; b ) A writ in the nature of Mandamus commanding the respondents more particularly the respondent No.1 to take a decision of the complaint of the petitioner no.1 dated 28.7.2011 against the Sanctioned Building Plan without any delay after giving an opportunity of hearing. A copy of the complaint dated July 28, 2011 referred to in prayer (b) of the WP is at p.104 of the WP. It was submitted to the Chairman of South Dum Municipality alleging that the Municipality wrongfully granted sanction to erect a building on the premises in question according to a plan submitted by the private respondent
(2.) MR . Islam appearing for the petitioners has argued as follows. The private respondent obtaining the sanction instituted a suit in which the Civil Court passed an interim order directing the parties to maintain the existing position of the property. In violation of such interim order the Municipality granted the sanction. The Municipality could not grant sanction without first deciding the petitioners' title claiming which they submitted the complaint. The petitioners are defendants in the suit filed by the private respondent. If the Municipality granted the sanction in violation of the interim order of the Civil Court, then the petitioners ought to have moved the Civil Court that passed the interim order. It is not for this Court to decide the question under art.226.
(3.) THE Municipality was not empowered to decide the petitioners' title to the property. Hence it was not required to examine the question while deciding the private respondent's request for sanction. The title issue ought to have been raised by the petitioners before the Civil Court. It is not the case that the complaint was made under s.217 of the West Bengal Municipal Act, 1993. For these reasons, the WP is dismissed. No costs. Certified xerox.;