Gautam Debnath And ORS. v. Bidhannagar Municipal Corporation And ORS.
13.11.2024 Sl No.31 Ct. No.15 S.A.
WPA 6650 of 2024 Gautam Debnath & Ors.
-vsBidhannagar Municipal Corporation & Ors.
Mr. Anindya Lahiri Mr. Prasenjit Burman Mr. Swapnesh Mallik ...for the petitioners Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag Mr. Tirthankar Dey ...for Bidhannagar Municipal Corporation The petitioners claim to be the owners of a residential premises located at GC 100, Salt Lake City, Sector-III, Bidhannagar, Kolkata-700106. The petitioners allege that respondent no. 6, who occupies the ground floor and second floor of the building, is keeping four dogs at the premises. It is further alleged that respondent no. 6 allows the dogs to roam unleashed, causing a disturbance and terrorising the petitioners. The petitioners also assert that one of the dogs attacked their caretaker, resulting in substantial injuries.
The petitioners state that they lodged a formal complaint with the Commissioner of Bidhannagar Municipal Corporation against respondent no. 6. In response, a show-cause notice was issued by the Joint Municipal Commissioner, Bidhannagar Municipal Corporation, by letter dated January 31, 2023. However, the petitioners contend that no
further action has been taken since the issuance of the notice.
Despite due service, respondent no. 6 is not present during the hearing.
In light of these facts, I do not find any justification for keeping this writ petition pending. Accordingly, I dispose of this writ petition with a direction to the Bidhannagar Municipal Corporation to conclude the proceedings initiated by the notice dated January 31, 2023, within two months from the date of communication of this order, in accordance with the law. The Corporation shall hear both the petitioners and respondent no. 6 before arriving at its decision, and a reasoned order should be communicated to both parties.
Accordingly, WPA 6650 of 2024 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.)