Md. Ataullah v. Municipal Commissioner, Kolkata Municipal Corporation And ORS.

19-01-2024 Item No.2 Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.28985 of 2023 Md. Ataullah -vsThe Municipal Commissioner, Kolkata Municipal Corporation & Ors.

Mr. Rabiuddin Ahmed ...for the petitioner Mr. Pradip Kumar Mondal Ms. Shreemoyee Mitra ...for the State Mr. Gurudas Mitra ...for the Corporation Mr. Tarique Quarimuddin Ms. Zainab Tahur ...for respondents no.5 & 6 The petitioner filed the writ petition challenging the illegal and unauthorised construction made by the private respondent at (i) 102, Ustad Enayat Khan Avenue (formerly Karaya Road), Ward No.64, Borough-VII of the Kolkata Municipal Corporation and (ii) 103C, Ustad Enayet Khan Avenue, police station Karaya.

Today, learned advocate for the petitioner submits that his client has forwarded a written communication to him expressing his intention not to proceed with the writ petition any more.

The State, the Kolkata Municipal Corporation and the private respondents are represented.

In view of the aforesaid submission, the writ petition stands dismissed as 'withdrawn'.

However, withdrawal of the writ petition will not restrain the Corporation to take steps against the

unauthorised construction, if any, at the premises mentioned hereinabove.

The written communication filed by the learned advocate for the petitioner be taken on record. Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]