Milan Karmakar And ANR v. State Of West Bengal And ORS.

WPA 7788 of 2024 Milan Karmakar & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Swapan Kr. Mazumder, Mr. Saptarshi Mazumder ...for the Petitioner Mr. Krishna Das Poddar, Mr. Ashok Kr. Sarkar ...for the State The petitioners claim themselves to be the co-sharers 30-07-2024 AKG Ct. 15 in respect of a property at R. S. Dag No. 2555 and 2556, L.R. Dag No. 11956, 11957, Khatian No. 6580, Ward No. 11 under Bishnupur Municipality.

It is the grievance of the petitioners that another cosharer of the said property, respondent no. 4, has undertaken an unauthorised construction at the said premises without any permission from Bishnupur Municipality.

It has been submitted by the Municipality that the shares of parties with regard to the relevant property are disputed. It appears that the Chairman, Bishnupur Municipality by a notice dated February 6, 2024, addressed to the parties, issued a stop work notice under Section 220 of the West Bengal Municipal Act, 1993. The petitioners allege that thereafter no steps have been taken by the Municipality.

In view of the above facts, I dispose of this writ petition with a direction upon the Bishnupur Municipality

to take follow up action in terms of the notice dated February 6, 2024, within a period of three months from the date of communication of this order in accordance with law. In arriving at its decision, the Municipality shall hear the petitioner as well as respondent no. 4.

Accordingly, WPA 7788 of 2024 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)