ASHOK KUMAR GIRI Vs. RAJESH SURANA & ORS
LAWS(CAL)-2018-8-136
HIGH COURT OF CALCUTTA
Decided on August 27,2018

Ashok Kumar Giri Appellant
VERSUS
Rajesh Surana And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties the appeal is treated as on day's list and taken up for consideration along with the application for appropriate order.
(2.) The instant appeal arises out of an order dated 11th July, 2018, passed by a learned Single Judge in W. P. 7625 (W) of 2018 (Rajesh Kumar Surana vs. The State of West Bengal & Ors.) together with CAN 4648 of 2018.
(3.) By the impugned order, the learned Single Judge while allowing CAN 4648 of 2018 (being the application for addition of party taken out by the appellant herein), was further pleased to decide on the question of locus standi in favour of the writ petitioner (being the respondent no.1 herein) and proceeded to pass the following direction:- "In such circumstances, it would be appropriate to call upon the Howrah Municipal Commissioner to depute a competent person of his choice, to inspect the locale, upon notice to the private parties, and submit a report in the form of an affidavit, as to the nature of construction made, the portions which are unauthorised and any other aspect that such official seeks to draw the attention of the Court to. He will prepare a site plan of the area. He will state in his affidavit as to whether there exists any sanctioned building plan or not. He will take photographs of the entire structure and will submit the same along with the report in the form of an affidavit.";


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