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Calcutta High CourtWPA/6778/2023disposed

Farzaba Bashir v. Kolkata Municipal Corporation And ORS.

2023-09-13Hon'Ble Justice Amrita Sinha2 pages

13.09.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 6778 of 2023 Farzana Bashir -versus The Kolkata Municipal Corporation & Ors.

Mr. Sarbananda Sanyal, Mr. Shataroop Purkayastha, Ms. Jagriti Bhattacharya, Ms. Poulomi Chakraborty.

...For the Petitioner.

Mr. Dwijadas Chakraborty.

...For KMC.

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

The mutation in favour of the petitioner stood cancelled by the Assessor Collector (South) by order dated 13th February, 2023.

The petitioner being aggrieved by the same preferred an appeal before the Learned Special Municipal Commissioner in March 2023. The same is pending consideration.

The petitioner seeks for a direction upon the appellate authority to dispose of the appeal. It appears that the appeal in question was filed in March 2023. It is expected that the appellate authority

will take necessary steps for disposal of the appeal at the earliest, but positively within 29th December, 2023. It will be open for the petitioner to file appropriate application seeking stay of any proceeding initiated by the Corporation for demolition of the structure which was allegedly constructed relying upon the plan sanctioned by the Corporation.

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.

( Amrita Sinha, J.)