Mohammed Firoz And ANR v. Kolkata Municipal Corporation And ORS

Item No.5 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 08.02.2023 Ct-24 WPA 1348 of 2023 Mohammed Firoz & Anr.

v.

Kolkata Municipal Corporation & Ors.

Mr. Avirup Mondal Mr. A.Z. Mondal ... for the petitioners.

Mr. Arijit Dey Ms. Manisha Nath ... for KMC.

The petitioners filed the present writ petition alleging illegal and unauthorized construction at the instance of the private respondents at premises no. 21, Gangadhar Babu Lane, Kolkata-700012 under BoroughVI of the Kolkata Municipal Corporation. Presently a communication has been made by the petitioners to their learned advocate with a request not to proceed with the writ petition.

As the petitioners do not intend to proceed with the writ petition, accordingly, the writ petition stands dismissed as 'not pressed'.

Dismissal of the writ petition will, however, not stand in the way of the Executive Engineer of the concerned borough to take steps against any unauthorized construction at the subject premises in accordance with law.

Learned advocate for the Kolkata Municipal Corporation is directed to communicate this order to the concerned Executive Engineer for taking necessary steps in the matter.

Learned advocate for the petitioners is directed to hand over a copy of the writ petition to the learned advocate representing the Kolkata Municipal Corporation.

Instruction given by the petitioners to the learned advocate be retained with the records.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)