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Calcutta High CourtWPA/13139/2019disposed

Md. Sharfuddin Ansari v. State Of West Bengal & ORS

2020-12-22Hon'Ble Justice Arindam Sinha2 pages

22.12.2020 DL-23 ns Ct.4 WPA No.13139 of 2019 Md. Sharfuddin Ansari.

Versus

The State of West Bengal & Ors.

Mr. R. Abedin, Mr. Asif Dewan .. for petitioners.

Mr. Ayan Banerjee, Mr. Soumo Chaudhury, ...

for the Municipality.

Mr. Tridib Bose ... for private respondent.

Mr. Dewan, learned advocate appears on behalf of petitioner and submits, his client has grievance on erection of mobile tower at premises 17/1, Dr. Noorie Bye Lane no.1 under Champdani Municipality in district Hooghly. Mr. Bose, learned advocate appears on behalf of private respondent and submits, his client has erected the tower complying with all requirements mandated under the latest circular issued by Ministry of Telecommunication, Government of India. Mr. Dewan submits, his client's grievance is required to be addressed by the grievance cell of the Municipality but the grievance redressal officer nor the Chairman, to whom also representation was made, have taken any step in that direction. Mr. Chaudhury, learned advocate appears on behalf of the Municipality and prays for adjournment to

obtain instruction as to whether the Municipality has operative grievance cell.

The Municipality will take steps to consider and deal with representation dated 30th June, 2019, appearing at page 30 of the petition addressed to, inter alia, the Chairman of the Municipality. In dealing with the representation, the Municipality will give hearing to petitioner and private respondent. The Municipality will take a decision in the matter and make it known to both parties on or prior to expiry of four weeks from date of communication of this order. In event the Municipality decides to act on the grievance, it must do so forthwith thereafter. Otherwise reason for not acting be supplied in the decision.

The writ petition is disposed of.

(Arindam Sinha, J.)