- (1.) THE instant Appeal is directed against the judgment and order dated 22. 12. 1992 passed by Susanta Chatterji, J. in CO. No. 10579 (W) of 1992. The facts giving rise to the said writ petition may shortly be stated as follows :-One Molay Kumar Guha was originally the owner of the Hotel, namely M/s. Sea Gull, on part of Plot No. 240, Khatian No. 96. Mouza-Gobinda Basan, P. S. Ramnagar (at present Digha ). District midnapore. After obtaining a sanctioned plan from the then authority, Pudima II Gram Panchayat, on 19. 1. 1990 for construction of five-storied building thereon, and raising partly finished two-storied building he had been carrying on Hotel business by paying taxes and complying with requisite formalities there for. By a registered deed of conveyance dated 7. 6. 1991 Sushil Pal Chowdhury and dulal Chowdhury had purchased the said Hotel with all that partly answered two-storied pucca "l" pattern structure/building standing thereon, including the business of the Hotel and its goodwill. They had thereafter executed a Deed of Partnership on 5. 8. 1991 for carrying the Hotel business in the name and style "hotel sea Gull. " They continued to carry on Hotel business by paying trade tax to the Gram Panchayat and complying with all other formalities there for at said two partners of the writ petitioner-Hotel (herein after referred to as Hotel) had undertaken construction of second floor in the month of July, 1992 in terms of the said sanctioned plan, still in force, which had almost been completed. The centering of the roof was also completed and the construction work was in progress. The management of the area (which was originally under the aforesaid Gram Panchayat) was acquired by the Digha Planning authority on and from 20. 11. 1990 by virtue of a Notification under the West Bengal Town and Country (Planning and Development) Act, 1979 (herein after referred to as the Act ).
(2.) WHEN Construction of he roof of the second floor on the said Hotel was about to be started the Respondent No. 2 Executive Officer, Digha planning Authority (hereinafter referred to as officer) had issued a notice under Section 54 of the act upon the petitioner, being Memo No. 238/xxx-24/dpa/92 dated 24. 7. 92, directing it to discontinue further construction of the building on the aforesaid plot in terms thereof, informing therein that necessary permission for such development is required under the said act (copy of which had been marked ass annexure 'b' to the writ petition ). Immediately thereafter, the writ petitioner had received another notice from the Sub- Divisional Executive Magistrate, Contal Misc. Case No. 151 of 1992 asking it to appear before the Court and show-cause by 25. 8. 1992 as to why a proceeding under Section 144 of the Code of Criminal Procedure (herein after shortened into Code) should not be drawn up against it. By another subsequent Notice dated 14. 8. 1992, the aforesaid Magistrate had director the petitioner not to raise any construction and/or further construction and not to make any disturbance to the first party therein. The id case was fixed for further hearing on 14. 9. 92 and the restraint read was directed (on 25. 8. 92) to continue; and police picket was also in from the Hotel.
(3.) IF has been concerned by the writ petitioner that the Respondent No. 2 had no right to interfere said construction work, which was undertaken on the basis of a plan, duly auctioned by the aforesaid Gram panchayat. It was further been contended that there are other five-storied buildings very close to the Hotel, which had been constructed as per Plan sanctioned by the panchayat, and completed after the Development authority had acquired management of the area, amounting to discrimination between the parties standing; on similar platform.;