Somnath Sinha v. State Of West Bengal & ORS
15.02.2021.
d.p.
W.P.A 6547 of 2020 IA No. CAN 1 of 2020 (Old No. 5311 of 2020) (Via Video Conference) Somnath Sinha -versus The State of West Bengal & Ors.
Mr. Prantick Ghosh, Mr. Sourav Guha.
...For the Petitioner.
Mr. Himadri Sikhar Chakraborty, Mr. Addas Salam.
...For the State.
Ms. Mousumi Bhowal.
...For the Municipality.
Affidavit-of-service filed in Court today is taken on record.
The petitioner submits that in response to the complaint lodged by him against the illegal and unauthorized construction being carried on in premises No. 63, R.N. Guha Road, Rani Kuthir Apartment, Kolkata-700028 in Ward No.-07 under South Dum Dum Municipality, a hearing was conducted by the Municipality on 24th June, 2020.
A notice was issued by the Municipality on 30th June, 2020 directing the private respondents for production of all the necessary documents in original with regard to the construction of 'Toilet' in the aforesaid premises.
The petitioner complains that since thereafter the proceeding has not been concluded by the Municipality till date.
The learned advocate appearing for the South Dum Dum Municipality submits that a decision has already been taken by the Municipality but the said decision could not be communicated to the parties in view of the lock down that was imposed.
A copy of the order dated 2nd July, 2020 passed by the Board of Administrators, South Dum Dum Municipality has been handed over in Court today. As it appears from the submission of the Municipality that the decision has already been taken by them pursuant to the complaint lodged by the petitioner, accordingly, the instant writ petition is disposed of by directing the Municipality to communicate the order that has been passed on 2nd July, 2020 to all the parties within a period of ten days. It will be open for the parties to take appropriate necessary steps in terms of the said order passed by the Municipality.
W.P.A. 6547 of 2020 is disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)