Anup Kumar Dey v. The Bolpur Municipality And ORS

18.03.2025 Sl. No.A290 Ct. No.15 S.A.

WPA 3696 of 2023 Anup Kumar Dey -vsThe Bolpur Municipality & Ors.

Mr. Chirantan Sarkar ...for the petitioner Mr. Uttiya Roy Mr. A. Pal ...for respondent nos.1 to 4 Mr. Anindya Bose Mr. Mridul Biswas ...for respondent no.5 The petitioner seeks permission to reconstruct the staircase in his residential building at plot no.640 and 1381/2386, Bolpur, Birbhum, leading from the ground floor to the first floor.

It appears that a stop-work notice was initially issued by the Municipality. However, the Municipality submits that the petitioner may be permitted to reconstruct the staircase, subject to compliance with municipal building rules and regulations.

The learned advocate for respondent no.5 submits that the petitioner's staircase should not encroach upon the statutory side open space.

In light of the aforementioned dispute, I find no justification for keeping this writ petition pending. The petitioner is directed to submit an application to the Bolpur Municipality seeking permission to reconstruct the staircase within two weeks from the date of this order.

Upon receipt of such an application, the Municipality shall consider it in accordance with the law and grant the necessary permission within one month thereafter.

Accordingly, WPA 3696 of 2023 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.)