Narayan Chandra Dutta And ORS (Latika Dutta Since Deceased) v. The Kolkata Municipal Corporation And ORS

10.05.2022 Sl. No.2 srm W.P.A. No. 20872 of 2019 Narayan Chandra Dutta & Ors.

Versus

The Kolkata Municipal Corporation & Ors.

Mr. Meghnad Dutta, Mr. Abhishek Shaw ...for the Petitioners.

Mr. Alok Kumar Ghosh, Mr. Gopal Chandra Das ...for the Kolkata Municipal Corporation.

Mr. Bratin Kumar Dey ...for the Respondent No.9.

Affidavit of service is taken on record. It appears that the learned Advocate for the respondent Nos.9 and 10 have been served a notice pursuant to the direction of the Court. Mr. Bratin Kumar Dey, learned Advocate, submits that he has instruction to appear on behalf of the respondent No.9.

The name of Ms. Anjana Banerjee have been recorded in the order sheet on behalf of both the respondent Nos.9 and

10. As such Ms. Banerjee has been served. Mr. Dey was leading at that point of time. However, today Ms. Banerjee is not present. The Court thinks that no useful purpose will be served to keep the matter pending unnecessarily.

The matter relates to an allegation of unauthorised construction by the respondent Nos.9 and 10 and inaction on the part of the respondent-Kolkata Municipal Corporation in disposing of the demolition case of alleged unauthorised construction at premises No.B/28/H/6/6, Mahendra Roy Lane, Kolkata-700046, Police Station Topsia, Ward No.59, Borough No.VII.

Mr. Alok Kumar Ghosh and Mr. Bratin Kumar Dey, learned Advocates for the Kolkata Municipal Corporation and the respondent No.9 respectively, submit that pursuant to the demolition proceedings a final order has been passed. Nothing further remains to be decided in the writ petition as the grievance of the petitioners has been addressed, which has resulted in the disposal of the demolition case.

The petitioners may apply for certified copy of the same. If such order copy is applied for, the Corporation will supply the same in accordance with law upon compliance of all formalities, if any. The petitioners are at liberty to take such steps in accordance with law in respect of the said order.

The writ petition is, thus, disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)