Bithi Ghosh And ORS. v. State Of West Bengal And ORS.

Sl. No.70 21.01.2025 Suman Ct. 15 WPA 21465 of 2024 Bithi Ghosh and Ors.

Vs.

The State of West Bengal and Ors.

Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee ..for the petitioners Mr. Dipak Kumar Mukherjee Mr. Rajib Mukherjee Ms. Shreyasi Bhaduri ..for the Municipality Let the affidavit of service filed by the petitioners be kept on record.

Respondent No. 6 is not represented.

The learned advocate for the petitioners alleges that although a demolition order was passed by the Uttarpara-Kotrung Municipality in 2022 concerning the fourth floor of a building at Holding No. 72/B, Lawrance Street, Ward No. 18, Uttarpara, Hooghly, against respondent No. 6, the order has not yet been complied with.

The petitioners claim to be the flat owners in the said building.

On the other hand, the learned advocate representing the Municipality submits that, by a

reasoned letter dated January 14, 2025, the Municipality once again instructed respondent No. 6 to comply with the demolition order within 15 days of the letter's issuance.

In light of the above, I find no reason to keep this writ petition pending. Should respondent No. 6 fail to act in accordance with the letter dated January 14, 2025, by demolishing the unauthorized construction, the Municipality shall be at liberty to proceed with the demolition in accordance with the law, within two months from the date of this order.

The Officer-in-Charge, Uttarpara Police Station, shall provide the necessary assistance to the Municipality in executing the demolition.

Accordingly, WPA 21465 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)