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Calcutta High CourtWPA/14080/2021disposed

Nirmal Pramanik @Nimu v. State Of West Bengal And ORS.

2021-11-09Hon'Ble Justice Shampa Sarkar2 pages

S/L 36 09.11.2021 Court. No. 19 suvayan WPA 14080 of 2021 Sri Nirmal Pramanik @ Nimu Vs.

The State of West Bengal & Ors.

Mr. Partha Sarathi Das Mr. Iran Roy Ms. Runa Palit ...for the Petitioner Mr. Debabrata Saha Roy Mr. Arka K. Nag Mr. Subhankar Das ... for B.M.C.

The petitioner was issued a stop work notice by the Bidhannagar Municipal Corporation on June 17, 2021. The Bidhannagar Municipal Corporation had strictly instructed the petitioner not to carry on any kind of construction in the premises situated at Dag No. 131 of the Mahisbathan Mouza. According to the petitioner, the building was destroyed during "Amphan" and as such the petitioner was repairing and reconstructing the broken roof. That no unauthorized construction was being made. The present petitioner has also made a detailed representation to the corporation praying for withdrawal of the stop work notice. The said representation has not yet been disposed of and on account of such delay, the petitioner is suffering. Mr. Das, learned Advocate for the Corporation submits that the said representation shall be disposed of by

the Commissioner, Bidhannagar Municipal Corporation in accordance with law.

Under such circumstances the writ petition is disposed of with a direction upon the commissioner of the Bidhannagar Municipal Corporation to dispose of the representation of the petitioner dated July 1, 2021 being Annexure-P3 to this application, in accordance with law. A hearing should be given to the petitioner. After hearing the petitioner a reasoned order shall be passed and communicated to the petitioner.

The entire exercise shall be completed within a period of six weeks from date of communication of this order. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the learned advocate's communication.

(Shampa Sarkar, J.)