Sk Raju And ANR v. State Of West Bengal And ORS.

Item No. 154(ML) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 20.07.2022 Ct-24 WPA 8764 of 2021 Sk. Raju & Anr.

v.

The State of West Bengal & Ors.

Ms. Sohini Chakraborty Mr. Arijit Sarkar ... for the petitioners.

Mr. R.N. Chakraborty Mr. M. Ahmed ... for the Municipality.

None appears on behalf of the respondent no. 4 despite service.

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

The petitioners allege inaction on the part of the Maheshtala Municipality in concluding the proceeding initiated in response to the complaint lodged by the petitioners against the unauthorized construction made at the instance of the respondent no. 4.

The Municipality issued a stop work notice on February 25, 2021 but thereafter did not take any steps in the matter.

The petitioners submit that despite the stop work notice, the construction is going on in full swing.

The learned advocate representing the Municipality submits that the Municipality will take steps in accordance with law.

As it appears that the Municipality has already responded to the initial complaint lodged by the petitioners, and issued stop work notice, accordingly, it is incumbent on the part of the Municipality to conclude the proceeding which has already been initiated. In view of the above, the Board of Councillors of Maheshtala Municipality is directed to take proper necessary steps to conclude the proceeding already initiated strictly in accordance with the law, at the earliest, but positively within a period of four months from the date of communication of a copy of this order. The Board of Councillors shall intimate the petitioners the action taken in this matter immediately thereafter.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)