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Calcutta High CourtWPA/26755/2023disposed

Smt. Sandhya Saha v. The Bidhannagar Municipal Corporation And ORS.

2023-12-18Hon'Ble Justice Amrita Sinha2 pages

18.12.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 26755 of 2023 Smt. Sandhya Saha -versus The Bidhannagar Municipal Corporation & Ors.

Mr. Krishendu Bhadra, Mr. Sunny Nandy, Mr. Tamal Singha Roy.

.... For the Petitioner.

Mr. Sirsanya Bandopadhyay, Mr. Tirthankar Dey, Mr. Arka Kumar Nag.

...For BMC.

Mr. Anil Kumar Chatterjee.

...For the Private Respondent.

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

The petitioner alleges illegal and unauthorized construction at the behest of the private respondent at Sarada Pally, Dakshin Math, Post Office-Aswininagar, Police Station-Baguiati, Kolkata-700159 under jurisdiction of Bidhannagar Municipal Corporation. The petitioner submits that a complaint was lodged before the Bidhannagar Municipal Corporation which has not been taken up for consideration.

On a perusal of the said complaint it appears that there is no proof of service of the same upon the Corporation.

In view of the above, the prayer made by the petitioner for consideration of the said complaint cannot be allowed.

It will be open for the petitioner to file appropriate complaint before the Corporation.

If the same is filed, the Corporation shall consider the same in accordance with law.

Leave is granted to the Learned advocate appearing for the private respondent to file Vakalatnama in the department by tomorrow.

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.)