JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated April 9, 2003 is seeking the following principal relief: "a)A Writ of or in the nature of Mandamus commanding the respondent no.1 to withdraw, cancel and/or recall the sanction of building plan granted in respect of holding nos.647/6(Ga) and 647/6(Gha) under Ghatal Municipality Word No. 13."
(2.) The petitioner submitted an application dated March 25, 2003 (at p.16) to the Chairman of Ghatal Municipality. It was regarding the following: "Attempt to make illegal construction inviolation of West Bengal Municipal (Building) Rules, 1996 at Holding No. 647/6 within Ward No. 13 of Ghatal Municipality, P.s.-Ghatal being portion of plot No. 786 and Khatian No. 327 within Mouza Konnagar, adjacent to our Holding Nos. 647/6 and 647/6(A) on the West by one Kalipada Mondal."
(3.) In the application dated March 25, 2003 the petitioner alleged that Kalipada, the private respondent, obtaining a sanction from the Municipality to erect a building on the basis of a plan submitted by him, was actually erecting an illegal construction. The WP was filed alleging that the Municipality did take any action.;