FEROZE AHMED Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-7-47
HIGH COURT OF CALCUTTA
Decided on July 10,1996

Feroze Ahmed Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

S.B. Sinha, J. - (1.)This appeal is directed against an order dated June 3, 1996 passed by a learned single Judge of this Court in Civil Order No. 17362 (W) of 1995 whereby and whereunder the writ petition filed by the Petitioners -Appellants was dismissed.
(2.)The Petitioners are said to be the owners in respect of the premises No. 11/A situated at Harshi Street. According to them there exists a two storied building on the said land and about 50/60 tenants reside therein. The Appellants claim their right title and interest by reason of a Deed of Release dated August 20, 1959. It is alleged that the said premises is now recorded in the register of the Calcutta Municipal Corporation as 11/1/H/4 Harshi Street. It has been contended that the authorities of the Calcutta Municipal Corporation illegally and unauthorisely demolished a portion of the said building and also obstructed ingress to and egress from the said premises. Before the learned trial Judge the Calcutta Municipal Corporation filed an affidavit -in -opposition and also produced the records. An application for vacating the interim order passed therein was also filed. The learned trial Judge upon considering the materials on records while hearing the said application for vacating stay passed the judgment under appeal. Before us also an affidavit -in -opposition to the stay application and a reply thereto have been filed.
(3.)Mr. J. Islam, the learned Counsel, appearing on behalf of the Appellants submitted that the authorities of the Calcutta Municipal Corporation not only demolished a part of the structure but despite an interim order passed by this Court by an order dated June 19, 1996, had been obstructing smooth passage of the Petitioners.
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