Md. Saddam Hussain v. The Kolkata Municipal Corporation And ORS.

17.12.2025 Sl. No. 27 Ct No. 3 SG WPA 807 of 2024 Md. Saddam Hussain Vs The Kolkata Municipal Corporation & Ors.

Mr. Rishabh Ahmad Khan.

...for the petitioner Mr. Biswajit Mukherjee, Mr. Barin Banerjee, Ms. Manisha Nath.

...for the KMC Mr. Fazlul Haque, Mr. Ghalib Rizwan.

...for private respondent 1.

Pursuant to the orders dated 10.11.2025 and 24.11.2025 a report has been filed by the Kolkata Municipal Corporation in Court today which is duly countersigned by the Executive Engineer (C), Building, Borough IX. According to such report a routine inspection was performed by the departmental officials whereupon it was noted an old occupied 05(five) storied building is existing on premises no. 2/1/H/3 Bhukailash Road, Kolkata 700023. According to such report the person responsible could not produce any valid document. Notice under Section 401 had also been issued and the same had been communicated to the local police authority. According to such report, the Director General (Building), KMC has directed the concerned building department, Borough IX to process the matter under Section 400(1) of the KMC Act, 1980.

2.

Having heard the learned advocates appearing for the respective parties and having gone through the records, I am of the view, no fruitful purpose will be served by keeping the writ petition pending.

3.

Accordingly, the present writ petition is disposed of by directing the Kolkata Municipal Corporation to ensure that the proceeding which are under process be concluded on its initiation within 16 weeks from the date of communication of this order upon giving opportunity of hearing to the concerned parties including the person responsible. 4.

Since no affidavits have been called for from the respondents, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 5.

With the above direction, the present writ petition is disposed of.

6.

There shall be no order as to costs.

7.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Raja Basu Chowdhury, J.)