Khadija Begum v. State Of West Bengal And ORS.

Item No.196 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 08.09.2023 Ct-24 WPA 6123 of 2021 Khadija Begum v.

The State of West Bengal & Ors.

Mr. Sourav Sen Mr. Partha Chakraborty Mr. Chayan Debnath Mr. Muhammad Obaid ... for the petitioner.

Mr. Amit Ranjan Pati ... for the added respondent.

Ms. Koushikee Banerjee ... for the Midnapore Municipality.

Perused the report of the Midnapore Municipality. It appears therefrom that the illegal obstruction of the drainage water by the private respondent has since been removed and the Municipality has taken a decision to clean the drain on regular basis.

It further appears from the report that no decision has yet been taken with regard to the tin shed club house that has been constructed over the public drain encroaching public road.

The Board of Councillors, Midnapore Municipality is directed to take steps in accordance with law to deal with the unauthorized construction after giving reasonable opportunity of hearing to all the parties at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order. A

reasoned order shall be passed and communicated to the parties immediately thereafter.

The writ petition stands disposed of.

The decision of the Midnapore Municipality of the hearing dated August 31, 2023 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.)