SOMNATH DUTTA Vs. HOWRAH MUNICIPAL CORPORATION

JUDGEMENT

(1.) The instant appeal is at the instance of the writ petitioner and is directed against an order dated September 17, 2018 passed by a Hon'ble Single Judge in WP No. 14240 (W) of 2018.

(2.) By the order impugned the writ petition was dismissed by the Hon'ble Single Judge upon holding that the petitioner is guilty of suppression of material fact and also that the petitioner did not come with clean hands.

(3.) The appellant herein claims that the respondent no. 6 is the owner of a premises which is adjacent to the premises of the petitioner on the western side. The appellant alleges that the respondent no. 6 is making construction without obtaining any sanction plan from the Howrah Municipal Corporation (for short 'the HMC') and without leaving any open space on any side. The appellant submitted a representation dated May 24, 2018 before the HMC but the HMC did not take any action on the said representation. Accordingly, the instant writ petition was filed praying for demolition of the unauthorized construction at premises no. 4/2, Shibu Chakraborty Lane, Bally, District-Howrah allegedly raised by the respondent no. 6 herein.