Kishore Roy v. Siliguri Municipal Corporation And ORS

S/L 6 26.11.2024 Court No.2 SD CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 2425 of 2024 Kishore Roy Vs.

Siliguri Municipal Corporation & Ors.

Mr. Sanjay Mazoomdar ... for the Petitioner.

Mr. Deborshi Dhar ... for the Siliguri Municipal Corporation.

Affidavit of service filed on behalf of the petitioner in Court today be kept with the record.

The petitioner is a resident of Ward No.38 of Siliguri Municipal Corporation. The petitioner has a pending representation before the Commissioner of the said Corporation, the respondent no.2 herein whereby and whereunder the petitioner has alleged that the private respondent no.5, a neighbour of the petitioner has put up an illegal construction in the plot of land adjacent to the residence of the petitioner. The petitioner is praying disposal of the said representation.

Mr. Dhar, learned advocate appears on behalf of the Corporation.

The respondent no.5 is not represented in spite of service.

The respondent no.2 is directed to consider the said representation of the petitioner dated November 11, 2024 which forms part of the writ petition being Annexure-P/2, in accordance with law and while considering the said representation, shall take note of the decision of the Hon'ble Supreme Court regarding direction in the matter of demolition of structures passed on November 13, 2024 in W.P. (Civil) No. 295 of 2022.

WPA 2425 of 2024 is disposed of with the above terms without any order as to costs.

No affidavit since has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)