Subhra Das And Another v. Howrah Municipal Corporation And Others

22.09.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6014 of 2023 Subhra Das & Anr.

-versus- The Howrah Municipal Corporation & Ors.

Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. Kaustav Bhattacharya.

...For the Petitioners.

Mr. Ankit Sureka, Mr. Sobhan Majumder.

...For HMC.

Affidavit-of-service filed in Court today is taken on record.

The instant writ petition was filed challenging the inaction on the part of the Howrah Municipal Corporation to take steps to prevent running of an illegal work shop/factory by the private respondent at premises no. 39, Nilkamal Kundu Lane, Shibpur, Howrah-711102.

Learned advocate appearing for the Howrah Municipal Corporation submits, upon instructions, that on scrutiny of the complaint of the petitioner, it transpires that certificate of enlistment was not issued in the name of the private respondent at the subject premises.

At present no factory or machine has been found in the subject premises at the time of inspection. As it appears that the factory is currently not operating from the said premises, accordingly, the cause of action for filing the present writ petition does not survive any further.

The writ petition stands disposed of.

Instruction provided by the Howrah Municipal Corporation is taken on record.

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

( Amrita Sinha, J.)