Debdutta Basu v. State Of West Bengal And ORS.

January 4, 2022 Sl. No.20 Court No.1 SG/s.biswas WPA (P) 367 of 2021 Debdutta Basu vs.

The State of West Bengal and others (Through Video Conference) Mr. Sudip Sarkar, Advocate ... for the petitioner Mr. Anirban Ray, ld. Govt. Pleader Mr. Raja Saha, Mr. Nilotpal Chatterjee, Advocates ... for the State The grievance raised by the petitioner is in respect of alleged illegal and unauthorized parking of cars and motorbikes at Mansatala Lane, Khiderpore, Kolkata in Ward No.77.

The submission of learned counsel for the petitioner is that on account of such illegal parking, the residents of the ward are facing serious inconvenience and problems. He has also drawn the attention of this Court to the communication dated 03.12.2021 sent by the Kolkata Municipal Corporation to the Deputy Commissioner of Police, Traffic Department stating that the street has no fee parking zone and requesting to look into the matter and take necessary action. Learned counsel for the State has informed that the police authorities are taking appropriate action to prosecute the owners of the two-wheelers as well as four-wheelers who unauthorizedly park their vehicles in the lane concerned. He has informed that in the

WPA (P) 367 of 2021 month of November, 2021 itself, 246 such owners have been prosecuted and fined.

Along with the petition no material in respect of any inaction on the part of the official respondents has been enclosed. Hence, we are of the view that as and when the petitioner finds any illegal and unauthorized parking of two-wheelers and four-wheelers in the lane concerned, he can always approach the respondent No.9, who on receipt of such a complaint will duly take an action thereupon without any delay in accordance with law.

The prayer has also been made by learned counsel for the petitioner to declare the lane in question as no parking zone. For such purpose, they may approach the Commissioner, Kolkata Municipal Corporation with an appropriate representation and on receipt of such a representation, a decision in accordance with law will be taken by the competent authority as expeditiously as possible and preferably within a period of 3 months. The petition is accordingly disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

[Prakash Shrivastava, C.J.] [Kesang Doma Bhutia, J.]