Nirendranath Kar v. Howrah Municipal Corporation And ORS

30.06.2021.

d.p.

W.P.A 10757 of 2021 (Via Video Conference) Nirendra Nath Kar & Anr.

-versus The Howrah Municipal Corpration & Ors.

Mr. Amber Sachdeva.

...For the Petitioners.

Mr. Ansar Mondal, Mr. Sougata Mitra.

...For the State.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...For the HMC.

The petitioners are aggrieved by the show cause notice bearing No. 20/B-IV/21-22 dated 15th June, 2021 issued by the Assistant Technician, Borough-IV, HMC directing the petitioners to show cause as to why proceedings will not be initiated for making unauthorized construction in the premises No. 32E, Halder Para Lane, Shibpur, Howrah, Ward No. 25. The petitioner was directed to appear for a hearing on 23rd June, 2021 with all necessary documents in support of the construction made.

The learned advocate appearing for the petitioners submits that the hearing has been adjourned and fresh date of hearing is yet to be announced and communicated to the petitioners. The learned advocate appearing for the Howrah Municipal Corporation submits that the case is at a very initial stage, accordingly, there is no requirement for passing any order in this matter at this stage.

None appears on behalf of the private respondent. As it appears from the records as well as the submissions of the parties that the petitioners have been directed to show cause as to why proceedings shall not be initiated against him for making unauthorized construction, accordingly, the petitioners will be entitled to show cause and produce all relevant documents in support of their case before the Howrah Municipal Corporation. There is no immediate threat to the petitioners at this stage.

Accordingly, no order need be passed in the instant writ petition and the same stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)