Sushanta Kr Basu v. State Of West Bengal & ORS

04.04.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 18098 of 2019 Sushanta Kumar Basu -versus The State of West Bengal & Ors.

Mr. Amitava Deb, Ms. Gargi Goswami, Ms. Debjani Sengupta.

...For the Petitioner.

Mr. Mrityunjoy Goswami, Mr. Parikshit Goswami.

...For the Municipality.

Affidavit-of-service filed in Court today is taken on record.

Leave is granted to the learned advocate-onrecord of the petitioner to amend the cause title of the writ petition by impleading Madhyamgram Municipality and its Chairman as party respondents.

Madhyamgram Municipality is represented by the learned advocate.

It appears that being aggrieved by a notice issued under Section 409 of the West Bengal Municipal Act, 1993 by the Chairman, Madhyamgram Municipality on 4th December, 2017, the petitioner filed the present writ petition.

The Municipality has not been impleaded as a party respondent.

The grievance of the petitioner is not properly highlighted in the objection filed before the Municipality on 3rd December, 2017.

The matter is pending before this Court for quite sometime.

Without going into the merits of the matter at this stage, leave is granted to the petitioner to file appropriate representation before the Municipality annexing all documents in support of his stand. In the event such a representation is filed, the same shall be considered by the Municipality in accordance with law, after giving a reasonable opportunity of hearing to all the necessary parties and a reasoned order shall be passed and communicated to the parties at the earliest.

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.

( Amrita Sinha, J.)