Manas Chatterjee v. State Of West Bengal And ORS.

Sl. No.07 26.11.2024 Suman Ct. 15 WPA 2509 of 2024 Manas Chatterjee Vs.

The State of West Bengal and Ors.

Mr. R. N. Chakraborty Mr. M. Ahmed ..for the petitioner Mr. Lalit Mohan Mahata Mr. Rudranil De ..for the State Mr. Syamal Kumar Das Ms. Smita Pal ..for respondent no.5 Mr. Gautam Lahiri ..for respondent nos. 2 to 4.

I find substance in the submission made by the learned advocate appearing for the petitioner that pursuant to the order dated December 7, 2023, passed in WPA 11637 of 2023, the decision should have been taken by the Board of Councillors of the Municipality. Admittedly, in this present case, the order impugned dated December 29, 2023, has been passed by the Chairman himself after a hearing.

In that view of the matter, the order dated December 29, 2023 is set aside.

The Board of Councillors of Serampore Municipality shall issue a fresh notice to the petitioner and the private respondent.

Thereafter, the Board of Councillors shall pass necessary order in accordance with law after hearing them.

The entire exercise shall be completed within a period of two months from date.

Accordingly, WPA 2509 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)