M/S Community Development Medicinal Unit (Cdmu) v. Siliguri Municipal Corporation And ORS

09.11.2022 AKG CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri WPA 2836 of 2022 M/s. Community Development Medicinal Unit (CDMU) -vs.- Siliguri Municipal Corporation & Anr.

Mr. Kumar Shantanu ...for the Petitioner Mr. Deborshi Dhar ...for Municipal Corporation Siliguri Municipal Corporation issued a notice to the petitioner dated September 26, 2022, directing him to stop the unauthorised use of the ground floor of the relevant premises and to demolish or remove the alleged unauthorised constructions within seven days. It appears that the petitioner has given a reply to the said notice by two representations dated September 29, 2022.

It is the grievance of the petitioner that the said representations have not been considered by Siliguri Municipal Corporation till date.

I do not see any justification to keep this writ petition pending.

Accordingly, the writ petition being WPA 2836 of 2022 is disposed of with a direction upon the Siliguri Municipal Corporation to take a decision with regard to the alleged unauthorised construction and the

unauthorised use of the ground floor after taking into consideration the said two representations dated September 29, 2022, filed by the petitioner appearing at page 48 and 60 of this writ petition within a period of two months from the date of communication of this order. The relevant municipal authority shall afford an opportunity of hearing to the petitioner before arriving at the decision.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Kausik Chanda, J.)