Somnath Maity v. State Of West Bengal And ORS.

08.11.2024.

Court No. 32 Sl. No. 1 sp W.P.A. No. 14264 of 2023 Somnath Maity

Versus

State of West Bengal & Ors.

Mr. Samim Ahammed, Mr. Aniruddha Singh, Ms. Gulsanwara Pervin ..for the petitioner Mr. Sandipan Banerjee, Mr. Ankit Sureka, Mr. Sobhan Majumder ..for the HMC Mr. Srijib Chakraborty, Mr. Subhasis Chakraborty ..for the private respondent nos. 5 and 6

1. Learned counsel appearing on behalf of the private respondent nos. 5 and 6 filed an order dated 30th September, 2024, which is taken on record.

2. It appears from the said order that the Howrah Municipal Corporation has already directed the private respondent nos. 5 and 6 to demolish the deviated portions and also unauthorized construction of the said building within 15 days from the date of receipt of this order. In default, Howrah Municipal Corporation will take legal action in accordance with law.

3. With the aforesaid facts, this writ petition is not required to be kept pending because purpose of filing writ petition by the writ petitioner is served.

Accordingly, this writ petition is, thus, disposed of with a liberty to the private respondent nos. 5 and 6 to take appropriate steps, if any, in accordance with law with regard to the impugned order passed by the Howrah Municipal Corporation and at the same time, if no step is taken by the private respondent nos. 5 and 6 in reasonable time then the Howrah Municipal Corporation shall take action in accordance with law.

4. Interim orders, if any, stand vacated.

5. In view of the above observation, WPA No. 14264 of 2023 is, thus, disposed of. Consequently, connected applications, if any, also stand disposed of.

6. There shall be no order as to costs.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Ajay Kumar Gupta, J.)