Md Zafar v. Kolkata Municipal Corporation And ORS

OD-4 WPO No.246 of 2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MD. ZAFAR

VERSUS

KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 12th April, 2024.

Appearance:

Mr. Sumitava Chakraborty, Adv.

. . .for the Petitioner.

Mr. Alak Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

. . .for the K.M.C.

Mr. Krishnendu Bera, Adv.

Mr. Hadiur Rahman, Adv.

Ms. Debolina Chakraborty, Adv.

..for Respondent Nos.8 & 9.

Mrs. Sipra Mazumdar, Adv.

Ms. Somashree Dey, Adv.

...for the State.

The Court:- The petitioner filed the instant writ petition alleging illegal and unauthorized construction made at the behest of the private respondents at 4A, Ahiripukur, Second Lane, Ward No.69, Borough-VIII, Kolkata-700019 under the Kolkata Municipal Corporation. Learned advocate for the petitioner submits that the petitioner has given written instruction disclosing his intention not to proceed with the writ petition any further.

In view of the aforesaid submission, the writ petition stands dismissed as 'not pressed'.

Learned advocate representing the private respondents submits that an appeal is pending consideration before the statutory appellate forum.

Learned advocate representing the Corporation submits, upon instruction that tomorrow is the date fixed for demolition of the unauthorized construction.

Dismissal of the writ petition will not stand in the way of the Corporation to take steps against any unauthorized construction that has been detected at the subject premises.

Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all legal formalities. (AMRITA SINHA, J.) nm