Mukesh Gupta v. Hmc And ORS.

15.05.2024 Ct. No. 21 Sl. No. 51 tbsr WPA 13763 of 2023 Mukesh Gupta Vs.

The Howrah Municipal Corporation & Ors.

Mr. Tanmoy Mukherjee Mr. Souvik Das Mr. Rudranil Das ....for the petitioner Mr. Sandipan Banerjee Mr. Ankit Surekha Mr. Sobhan Majumder ....for the Howrah Municipal Corporation The writ petitioner is being represented and the Howrah Municipal Corporation is also being represented.

The learned counsel representing the Howrah Municipal Corporation submits that the show cause notice dated 18.04.2023 and the self-demolition notice dated 15.05.2023 are of much later date after the death of Nirmala Devi Agarwal who has expired on 06.11.2019.

The learned counsel representing the Howrah Municipal Corporation submits that in such circumstance the process is to be initiated de novo and in this regard the learned counsel places Section 177(1) of the Howrah Municipal Corporation Act,1980.

As the earlier notice of showing cause and the self-demolition notice were issued against dead person which cannot be given effect to, as such Howrah Municipal Corporation is directed to take fresh step de novo in accordance with law upon the legal heirs of the said Nirmala Devi Agarwal and the present owners and occupiers.

As both the notices dated 18.04.2023 and 15.05.2023 have been issued against a dead person so these two notices have been infractuous and are set aside.

The instant writ petition being WPA No. 13763 of 2023 is disposed of.

All parties to act in terms of a copy of the order downloaded from the official website of this Court. (Supratim Bhattacharya, J.)