Tapash Sarkar v. The Commissioner,Siliguri Municipal Corporation

25.11.2020.

SL-29 pk W.P.A No. 7955 of 2020 Tapash Sarkar Vs.

The Commissioner, Siliguri Municipal Corporation and others Mr. Dipayan Kundu, Mr. Sayak Chakraborty ... for the petitioner.

Mr. Sayan De .... for the private respondent.

Mr. Soumya Dasgupa ... for the Siliguri Municipal Corporation It is submitted by Kundu, learned advocate appearing for the petitioner that though long back the Hon'ble Court passed an order for demolition, unfortunate till date no step has been taken for demolition of the unauthorised construction. Hence, the present writ petition.

Mr. Kundu further contends that mother of the petitioner, who was the petitioner in earlier writ petition, filed a contempt application. Unfortunately, during the pendency of the said application, mother of the petitioner expired. Thereafter, only on 26th August, the Mayor of Siliguri Municipal Corporation issued an order for demolition. Assailing that order for demolition passed by the Mayor of Siliguri Municipal Corporation, the private respondent

filed a statutory appeal. Unfortunately, till date no copy of the statutory appeal has been served upon the learned advocate for the petitioner.

Mr. Kundu, learned advocate appearing for the petitioner submits that no step has been taken by the Mayor of Siliguri Municipal Corporation to dispose of the said appeal.

Considering the submissions advanced by the learned advocates appearing for the parties and perusing the record, I direct the learned advocate appearing for the private respondent to serve a copy of the appeal in course of the date upon Mr. Kundu, learned advocate appearing for the petitioner. The Mayor of the Siliguri Municipal Corporation is also directed to dispose of the pending appeal without any further delay within eight weeks from date.

With the aforesaid direction, this writ petition is disposed of.

(Samapti Chatterjee, J.)