Umrao Bhora And O Rs v. State Of West Bengal And ORS.

13.04.2022 Court No. 19 Item no.07 CP W.P.A. No. 6437 of 2022 Smt. Umrao Bhora & ors.

Vs.

The State of West Bengal & ors.

Mr. Jay Chakraborty Mr. Sandip Dinda ...for the petitioners.

Ms. Sanghamitra Nandy Mrs. Rupsha Chakraborty ....for the State.

Despite service, none appears on behalf of the Howrah Municipal Corporation.

The petitioners allege that some officials from the Howrah Municipal Corporation (hereinafter referred to as 'the corporation'), forcefully entered into the premises of the petitioners being Flat Nos. 107 and 108 on the 1st floor at Laxmi Vihar Apartment, P.S. Chatterjeehat, Holding No. 777, Sarat Chatterjee Road.

The petitioners went to file a representation before the corporation. The corporation refused to accept such representation. Thereafter, the same was sent by speed post to the corporation. The petitioners are aggrieved because the corporation has not considered the contentions of the petitioners after such an incident took place.

This writ petition is disposed of in the absence of the corporation as the order which this court wishes to pass shall not adversely affect the interest of the corporation.

Accordingly, the writ petition is disposed of with a direction upon the competent authority of the corporation being the chairman and/or his delegatee to dispose of the representation of the petitioners dated April 7, 2022 in accordance with law, upon hearing the petitioners.

reasoned order shall be passed and communicated to the petitioners.

The entire exercise shall be completed within a period of four weeks from the date of communication of this order.

The court does not make any observation on the merits of the claims of the petitioners and the corporation is at liberty to proceed in accordance with law, with regard to the said construction. No coercive action will be taken, except in accordance with law.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)