S.B. Sinha, J. - (1.) This appeal is directed against an order dated 2.4.98 passed by a learned single Judge of this court whereby and where under the writ application filed by the petitioner was dismissed in limine.
(2.) The fact of the matter is as follows : The petitioner was an employee of the respondent No.7. He resigned from his services on 29.5.1993. He was inducted as a tenant by his former employer which is a Charitable Trust. However, admittedly the respondent No.7 had issued various letters to the Calcutta Municipal Corporation alleging that the petitioner had raised construction, blocking the passage without any plan sanctioned in that behalf. It was further alleged that despite removal of such construction, the petitioner herein had again raised such constructions. The said letters are dated 11.6.93, 8.8.93, 26.4.93, 21.5.96 and 29.5.96. The respondent No. 7 thereafter filed an application under Section 144(2) of the Criminal Procedure Code on 23.4.96 praying, inter alia, for an order not to allow the appellant to make any construction/encroaching on the open place on the ground floor at No. 61, Macleod Street, Calcutta 700017. Allegedly pursuant to an order dated 23.4.96 an enquiry was made by the Officer-in-charge of Park Street Police Station and a report was submitted on 24.5.1996.
(3.) A suit was filed by the appellant which was marked as Title Suit No. 1524 of 1996 and the appellant herein obtained an order of status quo in respect of the said shop-room. As the respondent No. 7's representation was not being considered, a writ application was filed before this court whereupon a learned Judge of this court by an order dated 15.7.96 directed the Municipal Authorities to consider the representation whereupon an order of demolition was passed on 14.12.96.;