Biswanath Somadder, J. - (1.) In Re: CAN 11133 of 2017 The applicant in the instant matter is seeking leave to appeal against the judgment and order dated 31st July, 2017, passed by a learned Single Judge in WP 8047 (W) of 2014 (Sri Ganesh Real Estates Private Ltd. Vs. The State of West Bengal & Ors.). Admittedly, the applicant was not a party in the writ proceeding.
(2.) The reason for taking out the instant application seeking leave to appeal is sought to be spelt out in the various averments made in the application. An affidavit-in-opposition has also been filed on behalf of the respondent/writ petitioner wherein the said respondent/writ petitioner has advanced several reasons as to why the applicant should not be granted leave to appeal.
(3.) Without even going into the allegations and/or counter allegations made by the respective parties and only taking into consideration the fact that there is a Title Suit, being T.S. 1 of 2012 filed by the applicant against the respondent/writ petitioner and some others which is pending before the learned Civil Judge, (Junior Division) at Howrah, which touches upon a part of holding no.27 situated at Nityadhan Mukherjee Road, P.S & District Howrah, we are of the view that the applicant may be granted leave to appeal.;