03.01.2025 Sl No.147 Ct. No.15 S.A. WPA 7413 of 2022 with CAN 1 of 2023 Manabendra Chatterjee -vs- The Kolkata Municipal Corporation & Ors. Mr. Kunal Ganguly Mr. Tirthankar Mukherjee Ms. Madhurima Sarkar Ms. Urmi Biswas …for the petitioner Mr. Dipanjan Datta Mr. Bibekananda Tripathy Mr. Sayan Datta …for the State Mr. Debjit Mukherjee Ms. Susmita Chatterjee …for the KMC Re: CAN 1 of 2023 This is an application for restoration. Having regard to the averments made in this application for restoration, I am of the view that the petitioner has explained sufficiently the reason for his non-appearance before the Court on April 28, 2023. Accordingly, CAN 1 of 2023 stands allowed. WPA 7413 of 2022 is restored to its original file and number. Re: WPA 7413 of 2022 The petitioner alleges that he has entered into a development agreement with respondent nos.9 to 15 in respect of a premises no.72, Tiljala Road, Ward No.65, Borough-VI, Kolkata-700039 for construction of a building. Subsequently, he cancelled the 2 agreement. The developer, however, has proceeded with the construction without any sanctioned plan. The Corporation as well as the State have filed their reports which are kept with the records. The report filed by the Corporation suggests that the Corporation caused an inspection at the premises and found some R.T. shaded structure at the said premises. No new construction was found at the time of inspection. In view of the report filed by the Corporation, I find no justification to keep this writ petition pending. I grant liberty upon the petitioner to approach the Civil Court for enforcing his right, if any. This, however, does not preclude the Corporation for taking steps as per law, if any unauthorised construction takes place at the premises. Accordingly, WPA 7413 of 2022 is disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities. (Kausik Chanda, J.)