Gayatri Chaurasia And ORS v. State Of West Bengal And ORS.

Sl. No.162 10.12.2024 Suman Ct. 15 WPA 29221 of 2024 Gayatri Chaurasia and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Biswajib Ghosh Mr. Sumitava Chakraborty Mr. Basudeb Patra ..for the petitioners Mr. Sidhartha Banerjee Ms. Soni Ojha Mr. Dhruba Brata Basu Ms. Sambrita B. Chatterjee ..for respondent no.9.

Mr. Ashis Kumar Mukherjee ..for respondent no.10 Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag Mr. Tirthankar Dey ..for BMC Ms. Munmun Ganguly Mr. Debangshu Dinda ..for the State The petitioners are the owners of flats in a residential complex located at Chinar Park, Kolkata700157. The learned advocate representing the petitioners submits that respondent nos. 9 and 10 have altered the use of the building by converting the car parking space into commercial space and are also carrying out unauthorized construction on the

premises. The petitioners have submitted a representation to the Bidhannagar Municipal Corporation, which is appearing at page 186 of this writ petition.

In response, the learned advocates for respondent nos. 9 and 10 argue that the petitioners' representation does not reflect the grievances raised before this Court.

I am not inclined to engage with these disputes in detail.

Accordingly, this writ petition is disposed of with the direction that the Bidhannagar Municipal Corporation shall consider the representation appearing on page 186 of the writ petition in accordance with the law. In deciding the matter, the Corporation shall afford an opportunity for hearing to the representatives of both the petitioners and respondent nos. 9 and 10.

As no affidavit has been called for, the allegations made in this writ petition shall be deemed not to have been admitted by the respondents. Accordingly, WPA 29221 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)