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Calcutta High CourtWPA/29/2021disposed

Kiran Devi Agarwal @ Kiran Agarwal And ANR v. The State Of West Bengal And ORS

2021-01-19Hon'Ble Justice Rajesh Bindal, Chief Justice (Acting))2 pages

19-01.2021 Sl No. 4 Sh.

W.P.A. 29 of 2021 ( Through Video Conference) Kiran Devi Agarwal @ Kiran Agarwal & Ors...Petitioners. Vs.

The State of West Bengal & Ors.... Respondents. M/s. Surya Prosad Chattopadhay, Arjun Samanta, ..Advocate for the petitioners present in virtual mode Mr. Hillol Saha Poddar.

Advocate for the petitioners present in Court.

Mr. Soumya Dasgupta.

.. . Advocate for the respondents present in virtual mode.

The petitioners have approached this Court impugning the notice dated 15-12-2020, issued to the petitioners by Siliguri Municipal Corporation ( for short, 'the Corporation') alleging that the petitioners are carrying mass renovation of their building. They were asked to respond within seven days from the date of receipt of the notice.

The argument raised by the learned counsel for the petitioners is that the aforesaid notice was responded to vide communication dated 23-12-2020, which was followed by letters dated 28-12-2020 and 09-01-2021, but till dated the petitioners have not been heard by the competent authority to resolve the issue raised in show cause notice.

W.P.A 17 OF 2021 As the building is about 50 years old, the petitioners are only carrying out repairs. No structural changes are being made.

The only prayer pressed at this stage is that the Corporation may be directed to afford hearing to the petitioners and dispose of the notice issued to them. After hearing learned counsel for the petitioners the present petition is disposed of with a direction to the respondent No.2 to afford opportunity of hearing to the petitioners and take final decision with regard to the notice dated 15-12-2020 issued to the petitioners alleging mass renovation of the building by them. Needful shall be done within a period of two months from the date of receipt of copy of the order. (RAJESH BINDAL, J.)