Sasthicharan Nath v. State Of West Bengal And ORS.

S/L 12 18.11.2021 Court. No. 19 GB W.P.A. 8929 of 2020 Sasthicharan Nath VS The State of West Bengal & Ors.

Mr. Prasanta Kr. Banerjee, Mrs. Rima Banerjee, Ms. Indrani Nandi.

... for the Petitioners.

Mr. Rajib Mukherjee, Mr. Dipak Kr. Mukherjee, Mr. Supriya Dey Barat, Mr. S. Bhaduri..

... for the Municipality.

Mr. Partha Pratim Roy.

... for the Respondent No.15.

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

Mr. Banerjee, learned advocate appearing on behalf of the petitioner has handed over a copy of an order passed by the Uttarpara Kotrung Municipality dated July 29, 2021. The said order is taken on record.

As the municipal authorities have already found some unauthorized constructions, the writ petition is disposed of with a direction upon the municipality to initiate proceeding in terms of the provisions of the statute. An inspection shall be held in presence of the petitioner as also the respondent nos.9 to 18. Copies of the inspection report shall be supplied to the parties. The parties shall be allowed to make their submissions and produce documentary evidences in support

of their contentions. Upon consideration of the entire matter, a reasoned order shall be passed and communicated to all concerned.

The municipal authorities shall reach such proceeding to its logical conclusion on the basis of what transpires at the inspection as also during the hearing. The municipality shall act independently.

This Court has not gone into the merits of the case of the petitioner.

The entire exercise shall be completed within a period of four months from date of communication of this order. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the learned advocate's communication.

(Shampa Sarkar, J.)