Calcutta High CourtWPA/6698/2020disposed

Anup Kumar Mondal v. Hmc & ORS

2021-01-22Hon'Ble Justice Amrita Sinha2 pages

22.01.2021.

d.p.

W.P.A 6698 of 2020 IA NO. CAN 1 of 2020 (Old No. 5592 of 2020) (Via Video Conference) Anup Kumar Mondal -versus Howrah Municipal Corporation & Ors.

Mr. S. Chatterjee, Mr. R. Mukherjee, Mr. Akashdeep Mukherjee, Mr. Sushovan Dey.

...For the Petitioner.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...For the HMC.

The petitioner alleges illegal and unauthorized construction being carried on at Premises No. 116/2, Narsingha Dutta Road, Howrah-711101, Ward No. 24. The petitioner complains that the objection raised against such illegal construction has not been considered by the respondent authorities till date. As it appears that the representation of the petitioner objecting to the illegal and unauthorized construction is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.1 being the Howrah Municipal Corporation to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of

hearing to all the necessary parties including the petitioner within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the necessary parties including the petitioner immediately thereafter. It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 30th July, 2020 to the aforesaid respondent at the time of communicating the order of the Court.

W.P.A. 6698 of 2020 and CAN 1 of 2020 are disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)