Shankar Nath Dey & ORS v. Howrah Municipal Corporation & ORS

15.01.2021.

d.p.

W.P.A 19497 of 2019 (Via Video Conference) Shankar Nath Dey & Ors.

-versus Howrah Municipal Corporation & Ors.

Mr. Arindam Banerjee, Mr. D. Ghoshal.

...For the Petitioners.

Mr. Sandipan Banerjee, Mr. Ankit Sureka.

...For the Municipality.

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

The petitioners pray for a direction upon the Howrah Municipal Corporation to consider their representation praying for permission to destroy the damaged and ruinous building standing on premises no. 118 and 118/2, Makarda Road, PS-Batra, DistHowrah. The petitioners made a representation before the Howrah Municipal Corporation on 17th September, 2018 followed by a reminder on 26th August, 2019. They complain that their representations have not been considered by the respondent authorities till date. As it appears that the prayer of the petitioners is pending consideration at the end of the respondents, no useful purpose will be served by keeping the writ petition pending.

Accordingly, the writ petition is disposed of by directing the respondent No. 3 being the Municipal Commissioner, Howrah Municipal Corporation to take prompt necessary steps for consideration of the representation made by the petitioners, strictly in accordance with law, within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioners immediately thereafter.

It is made clear that this Court has not gone into the merits of the claim raised by the petitioners and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioners.

W.P.A. 19497 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.)