Gita Rani Ghosh And ORS. v. State Of West Bengal And ORS.

ML 99 29.04.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 27067 of 2023 Smt. Gita Rani Ghosh & Ors.

-versus The State of West Bengal & Ors.

Mr. Sanjib Das, Ms. Subhra Nag, Mr. Madhusudan Mukhopadhyay.

...For the Petitioners.

Mr. Pradip Mondal, Mr. Sujit Chatterjee.

...For the State.

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

The petitioner complains that despite issuance of notice under Section 218 of the West Bengal Municipal Act, 1993 issued by the Santipur Municipality on 17th August, 2023, consequential steps have not been taken. None represents either the Municipality or the private respondent.

In view of the order that I propose to pass, none of the parties will be prejudiced if the writ petition is disposed of in the following manner.

As it appears that the provision of Section 218 of the Act has been invoked, accordingly, it is the incumbent duty of the Municipality to conclude the said proceeding in accordance with law within a

reasonable period of time. The proceeding is yet to be concluded.

In view of the above, the instant writ petition is disposed of by directing Santipur Municipality to conclude the proceeding under Section in accordance with law, at the earliest, but positively within a period of sixteen weeks from the date of communication of this order. Final order shall be passed and communicated to the parties.

The writ petition stands disposed of.

Report filed by the Officer-in-Charge, Santipur Police Station signed on 12th December, 2023 is taken on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)