Tinku Mukherjee v. State Of West Bengal And ORS.

Item No.19 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 18.04.2023 Ct-24 WPA 5732 of 2023 Smt. Tinku Mukherjee v.

The State of West Bengal & Ors.

Mr. Amitabha Ghosh ... for the petitioner.

Mr. Dipak Kumar Mukherjee Mr. Rajib Mukherjee Ms. Shreyasi Bhandari ... for the Municipality.

Mr. Rajarshi Basu Mr. S.T. Mina ... for the State.

Ms. Pampa Dey (Dhabal) ... for the respondent nos. 8 & 9.

The petitioner complains of illegal and unauthorized construction at the behest of the private respondents.

Learned advocate representing the private respondents denies the allegation of the petitioner. Learned advocate representing the Municipality submits that on receipt of a copy of the writ petition, the Municipality has fixed April 24, 2023 at 10.30 a.m. for spot inspection upon notice to all the parties. The report of spot inspection shall be circulated amongst the parties.

As it appears that the Municipality has already taken steps in response to the complaint lodged by the petitioner, accordingly, the present writ petition is

disposed of by directing the Municipality to take all necessary steps to decide the allegation of unauthorized construction in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order.

The parties will be at liberty to rely upon all documents in support of their respective stand at the time of hearing. A formal order shall be passed and communicated to the parties immediately thereafter. The parties are directed to remain present at the time of spot inspection on April 24, 2023 at 10.30 a.m. and in the hearing as and when the same will be conducted.

The writ petition stands disposed of.

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.)