Manika Hambir v. State Of West Bengal & ORS

01.03.2021.

d.p.

W.P.A 14237 of 2019 (Via Video Conference) Smt. Manika Hambir -versus The State of West Bengal & Ors.

Mr. Rafikul Islam Sardar.

...For the Petitioner.

Mr. Ziaul Islam, Ms. Neelam Singh.

...For the State.

The petitioner alleges illegal and unauthorized construction being carried on in Puillya Baganipara, Rabindranagar, Ward No. 46 under the Howrah Municipal Corporation.

The petitioner submits that in response to the objection raised, the Howrah Municipal Corporation by a communication bearing Memo No.AB/1190/BVII/19-20 dated 26th July, 2019 directed the petitioner to appear for hearing on 8th August, 2019.

The grievance of the petitioner is that the fate of the hearing has not been made known to her till date. The petitioner relies upon a letter allegedly written by the private respondent, Smt. Sabita Kar to the Assistant Engineer, Howrah Municipal Corporation on 15th July, 2019 whereby she admitted of not leaving the requisite site spaces at the time of making construction.

As it appears that the Howrah Municipal Corporation has already acted in response to the complaint lodged by the petitioner and called for a hearing as far back as on 8th August, 2019, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the Assistant Engineer, Borough VII, Howrah Municipal Corporation being the respondent no.6 herein to communicate the fate of the hearing in connection with the BMR/33/B-VII/19-20 to the petitioner within a period of six weeks from the date of communication of a copy of this order.

The communicating Memo of the Assistant Engineer, Borough-7, Howrah Municipal Corporation dated 26th July, 2019 is retained with the records. W.P.A. 14237 of 2019 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)