Shio Prasad Shaw @ Shiv Prasad Shaw v. The Kolkata Municipal Corporation And ORS

02.12.2020.

WPA 8660 of 2020 ab Ct.

(Via Video Conference) Shio Prasad Shaw @ Shiv Prasad Shaw Vs The Kolkata Municipal Corporation & Ors.

Mr. Kajal Ray Mr. Aditya Sen ... For the Petitioners. Mr. Rajajit Chatterjee Mr. Subhrangsu Panda ...For the K.M.C.

Affidavit of service is filed in Court today be kept with the record.

Learned Counsel appearing for the petitioner submits that the petitioner has made a representation before the Executive Engineer, Building Department, Kolkata Municipal Corporation being the respondent no. 5 in the instant application but such representation made before the Executive Engineer, Building Department, Kolkata Municipal Corporation is not considered till date.

Learned Counsel appearing for the State submits a report given by the SI of Garden Reach Police Station. Let the report be kept with the record. Learned Counsel appearing for the Kolkata Municipal Corporation is present.

Heard all the parties.

The Executive Engineer, Building Department, Kolkata Municipal Corporation being the respondent no. 5 in the instant application is requested to consider the representation of the

petitioner preferably within a period of four weeks from date after giving notice of hearing not only to the petitioner but also to other necessary parties if required in this matter. The respondent no. 5 is also requested to allow the petitioner to produce necessary documents at the time of hearing and to pass a reasoned order in accordance with law. The respondent no 5 is also requested to communicate a copy of such reasoned order to the petitioner within a period of two weeks from the date of taking such decision.

I make it clear that I have not gone into the merits of the case and the Executive Engineer, Building Department, Kolkata Municipal Corporation is requested to proceed in accordance with law. With the above direction WPA 8660 of 2020 is disposed of.

Since no affidavits have been invited, the allegations contained in the writ petition are deemed not to have been admitted by the respondents. There will be no order as to costs.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Rajarshi Bharadwaj, J.)