Sinha, J. - (1.) This appeal is directed against a judgment and order dated 3.5.99 passed by a learned Single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein was dismissed.
(2.) The writ petitioner is the appellant. He filed the writ application, inter alia, praying for issuance of a writ of or in the nature of mandamus directing them not to interfere and/or disturb the peaceful possession of the lands in question including the pucca structures made thereon and further directing the respondents not to demolish the same which had been raised on the lands described in Paragraph 2 of the writ petition on the basis of the sanctioned plan.
(3.) The petitioner allegedly purchased the lands in question measuring about 4 Cottahs 1 Chittack 7 Sq. ft. by a registered deed of sale dated 8.12.98 executed by Sri Anil Kumar Ghosh and Sri Provash Kumar Ghosh, constituted Attorney of Smt. Sudabala- Ghosh, Smt, Ranu Bala Ghosh, Smt. Parul Bala Ghosh and Smt. Puspa Rani Ghosh. He got his name mutated before the authorities of the Mohanpur Gram Panchayat. Allegedly, the predecessor-in-interest of the petitioner obtained permission for sale of the land from the Gram Panchayat. After purchase of the said land he filed an application for sanction of a building plan purported to be in terms of Rule 19 of the West Bengal Panchayat Rules on 27.11.98 and such application was allowed on payment of requisite amount therefor. The appellant in his writ application has contended that the authorities of the respondent Nos. 4 and 5, inter alia, intend to demolish the said structure on the ground that the said lands have already been acquired and in any event, such constructions have been made in violation of the provision of Section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979 (hereinafter referred to as 'the said Act').;