10.02.2025 Item No.72 with 73 Monthly List Ct. No.26 CHC (disposed of) MAT 1357 of 2022 IA NO: CAN/1/2022 Shree Shree Sridhar Jew Thakur, a Private Trust & Anr. Vs. Sri Swapan Kumar Dutta & Ors. with M.A.T. 1358 of 2022 Rakesh Khamaru & Ors. Vs. Sri Swapan Kumar Dutta & Ors. Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Tauhid Khan, Advocate Mr. Kushal Chatterjee, Advocate …for the appellants in MAT 1357/2022 Mr. Partha Pratim Roy, Advocate Mr. Atanu Halder, Advocate …for the appellants in MAT 1358/2022 Mr. Debabrata Saha Roy, Senior Advocate Mr. Soumen Bhattacharjee, Advocate Mr. Ankan Das, Advocate Ms. Shradhya Ghosh, Advocate ….for the writ petitioners/respondents Mr. Mr. Pinaki Dhole, Advocate Mr. Md. Ziaur Rahman …for the State in MAT 1358/2022 Ms. Mekhla Sinha, Advocate Ms. Malabika Roy Dey, Advocate …for the Howrah Zilla Parishad 1. Appeals are directed against the order dated August 10, 2022 passed in WPA 6205 of 2020. 2. Appeals are the instance of the private respondents in such writ petition. 3. We perused the writ petition. The second prayer in the writ petition seeks implementation of a notice dated February 24, 2020. Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 10 th of February 2025 05:55:03 PM 2 4. Notice dated February 24, 2020 was issued by the Howrah Zilla Parishad alleging unauthorized construction at Andul Golap Bag, L. R. Dag Nos. 463 and 465, Khatian No.571, Mouza – Andul, G.P. Andul, Police Station- Sankrail. 5. The impugned order is an interim order passed in a pending writ petition. 6. By consent of the parties, the writ petition is taken up for final hearing along with the appeals. 7. As noted above, writ petitioners seek implementation of a notice dated February 24, 2020 issued by the Howrah Zilla Parishad. Such notice, as noted above, relates to two plots. 8. The authorities are yet to decide on the validity and legality of the construction on the two plots concerned. Zilla Parishad should decide such issue. 9. In such circumstances, Zilla Parishad is directed to consider the legality and validity of the construction subsisting in the two plots stated in the notice being uninfluenced by any observations made by the learned Single Judge or by us in this order. 10. Zilla Parishad will commence the hearing on the issue of unauthorized construction on the two plots concerned on and from February 17, 2025 at 11 a.m. at the office of the Howrah Zilla Parishad and will complete such proceeding preferably within four weeks thereafter. Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 10 th of February 2025 05:55:03 PM 3 11. No further notice need be issued by the Zilla Parishad to the appearing parties since, the date and time are fixed in their presence. 12. Zilla Parishad is at liberty to hear such other parties and considers such documents as it deems appropriate in deciding the issue. Zilla Parishad no doubt will pass a reasoned order which it will communicate to the parties it heard forthwith thereafter. 13. In deciding the issue of unauthorized construction, in the event, the Zilla Parishad is of the view that it requires police assistance, the local police authorities will no doubt on such request being made in writing extend such police assistance. 14. MAT 1357 of 2022 and MAT 1358 of 2022 along with connected application are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By : CHINMOY CHAKRABORTY High Court of Calcutta 10 th of February 2025 05:55:03 PM