Kalpana Bhattacharjee v. State Of West Bengal & ORS

03.09.2020 k.b./b.r Crt.12 W.P.A. 6021 of 2020 IA No. CAN 1/2020 (Old No. CAN 4209 of 2020) (Through Video conference) Smt. Kalpana Bhattacharjee -vs- The State of West Bengal & Ors.

Mr. Sayan Sinha .......... For the petitioner Mr. Suman Sengupta Mr. Sanatan Panja ........ for the State.

Heard the appearing parties.

The petitioner submits that she is operating a Fair Price Ration Shop-cum-Godown from the premises in issue. The premises in issue are in a dilapidated condition. The roof is leaking thereby causing damage to vital ration materials meant for consumption by the common public.

The petitioner claims to have received the notice of hearing from the concerned Borough Committee by the Howrah Municipal Committee

(HMC). However, the petitioner is yet to be informed of the fate of the hearing which the petitioner claims to have appeared on the day fixed.

Mr. Sengupta, learned State Counsel with Mr. Sanatan Panja, learned Advocate, submits that the Respondent/HMC shall be in the best position to decide the grievance of the petitioner. Accordingly, the Respondent No.5/the Executive Engineer (Building), HMC shall cause the premises to be inspected, hear the petitioner or her authorised representative or any other person or persons, who deserve to be heard.

Let the reasoned order of the Respondent No.5 be then communicated and to the parties heard.

The above directed exercise be completed within a period of two weeks from the date of communication of this order.

Since affidavits are not invited, allegations made in the writ petition are deemed not to have been admitted.

WPA No. 6021 of 2020 with IA No/ CAN 1/2020 (Old No. CAN 4209 of 2020) stand accordingly disposed of.

All parties to act in terms of a copy of this order downloaded from the official website of this Court.

(Subrata Talukdar, J.)