- (1.) THE petitioner in this WP under art.226 of the Constitution of India dated September 28, 2012 is seeking a mandamus commanding the Panihati Municipality to enforce the demolition order issued under s.220 of the West Bengal Municipal Act, 1993 by its ViceChairman. No demolition order could be passed under s.220 of the Act and as a matter of fact no demolition order has been issued by the authority concerned of the Municipality under s.220 of the Act. Under s.220 only a stop work order could be issued. The demolition order, if necessary, could be issued only by the Board of Councillors of the Municipality.
(2.) IN compliance with order of this Court directing the Municipality to decide the petitioner's complaint that the private respondents erected unauthorized constructions, the authority concerned of the Municipality initiated proceedings and took steps for giving final decision.
(3.) DURING progress of the proceedings the private respondents produced an interim order of the Civil Court in a suit in which the petitioner is a party. Citing the interim order directing the parties to the suit not to change the nature and character of the suit property, the authority decided not to give final decision in the proceedings and to keep the matter in abeyance. Advocate for the petitioner has argued as follows. Suppressing the proceedings initiated by the Municipality the private respondents instituted the suit. The Municipality, not a party to the suit, was not bound by the interim order.;