Muktar Alam v. The Kolkata Municipal Corporation And ORS.

Item No.23 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 28.02.2024 Ct-24 WPA 19191 of 2023 Muktar Alam v.

The Kolkata Municipal Corporation & Ors.

Mr. A.M. Rahaman Mr. Sankar Paul Mr. Aleyah Qurasi Mr. Goutam Malik ... for the petitioner.

Ms. Mitali Mukherjee Ms. Kalpita Pal ... for the State.

Mr. Subhrangsu Panda Ms. Ina Bhattacharyya ... for KMC.

Mr. S.C. Shrivastava Mr. S.K.Das ... for the respondent no. 7.

The petitioner complains that the private respondent is raising construction relying upon a plan which was obtained by practicing misrepresentation and fraud. Complaint lodged against the private respondent is pending consideration before the Kolkata Municipal Corporation.

Learned advocate representing the private respondent denies the allegation of the petitioner. Without entering into the merit of the allegation of the petitioner, as it appears that the objection seeking cancellation of the building sanctioned plan is pending consideration at the end of the Corporation, accordingly,

the instant writ petition is disposed of by directing the Municipal Commissioner to consider and dispose of the objection filed by the petitioner in accordance with law after giving reasonable opportunity of hearing to all the necessary parties at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order.A reasoned order shall be passed and communicated to the parties.

If it transpires that the allegation made by the petitioner is genuine, then necessary consequential steps shall be taken in the matter.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)