Sujit Kumar Kundu v. State Of West Bengal And ORS.
15.03.2023 WPA/29088/2022 SRI SUJIT KUMAR KUNDU @ SUJIT KUNDU VS THE STATE OF WEST BENGAL AND ORS.
gd Mr. Sanjib Seth ..for the Petitioner.
Mr. Prasanta Kr. Giri, Ms. Rupsha Chakraborty ..for the State.
Mr. Sandipan Banerjee, Mr. Ankit Sureka, ..for Howrah Municipal Corporation.
Mr. Bikash Shaw ..for the Respondent No.9.
Affidavit of service filed in Court is taken on record.
The petitioner complains that the private respondents are making unauthorised construction at 3/3/1, Ram Krishna Mandir Path, Howrah, Ward No.09, Borough-II under jurisdiction of the Howrah Municipal Corporation.
On receipt of a complaint from the petitioner, the Corporation fixed 29th October, 2022 for hearing the parties.
The petitioner submits that the hearing took place on 29th October, 2022 but thereafter no order has been passed or communicated to the petitioner by the Corporation.
Learned Advocate representing the private respondent no.9 submits, upon instruction that, his
client is not making any unauthorised construction as alleged.
Learned Advocate representing Howrah Municipal Corporation submits that necessary order will be passed in the matter upon consideration of the representation of the petitioner.
After hearing the submissions made on behalf of the parties, it appears that the hearing which took place on 29th October, 2022 has not been disposed of finally by the Corporation.
Accordingly, the Howrah Municipal Corporation is directed to pass final order in terms of the hearing taken on 29th October, 2022.
If required, the Corporation may cause a spot inspection and conduct further hearing of the parties upon prior notice.
The proceeding shall be concluded at the earliest but positively within a period of twelve weeks from the date of communication of this order.
Learned Advocate for the petitioner is directed to forward a copy of the hearing notice dated 18th October, 2022 to the aforesaid respondent at the time of communicating the order of the Court.
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.)
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