Mayukh Dass v. The Kolkata Municipal Corporation And ORS

OD-4 ORDER SHEET WPO/1172/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MAYUKH DASS

VERSUS

THE KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 15th March, 2022.

[Via Video Conference] Appearance:

Mr. Amitava Mukherjee, Adv.

Mr. R. Jana, Adv.

...for the petitioner Ms. Nilofer Siddique Alam, Adv.

...for the respondent no.5 The Court:- Despite service, none appears on behalf of the respondent no.7.

Affidavit-of-service is taken on record.

The report filed by the police authority is taken on record. The petitioner is aggrieved by the inaction of the Ward Councillor in granting permission to the petitioner to repair a portion of the dwelling house situated at premises no. 2, Nrisingha Mukherjee Lane, P.O. Bowbazar, P.S. Muchipara, Kolkata-700012. It is the contention of the petitioner that the Ward Councillor under the influence

of the respondent no. 7 has not granted such permission. The Ward Councillor does not have the authority to grant such permission. If the petitioner applies before the competent authority of the Corporation for further repairs in future, the same shall be taken into consideration in accordance with the provisions of Rule 3(2) of the Kolkata Municipal Corporation Rules, 2009.

WPO/1172/2022 is disposed of accordingly.

[SHAMPA SARKAR, J.] sp3