Anjali Verma Nee Puri And ANR v. The Kolkata Municipal Corporation And ORS
od 12
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE.
WPO/1059/2024 ANJALI VERMA NEE PURI AND ANR VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.
BEFORE
THE HON'BLE JUSTICE KAUSIK CHANDA Date: December 11, 2024.
Appearance :
Mr. N.C. Bihani, Sr. Adv.
Ms. Debjani Sengupta, Adv.
Mr. Joydeep Roy, Adv.
Mr. S. Samanta, Adv.
...for petitioner Mr. Rohit Banerjee, Adv.
Mr. Altamash Alim, Adv.
Mr. Ashok Basu, Adv.
....for private respondents Mr. Vimal Kumar Shahi, Adv.
Ms. Gulnaz Quraishi, Adv.
...for KMC The Court: The petitioners claim ownership of premises of Flat 5B, 5th Floor, Latika Housing Cooperative Society, located at 9/3, Hungerford Street, Kolkata - 700 017.
The petitioners assert that respondents no. 8 and 9, who are their mother and brother respectively, have altered the use of the said flat for commercial purposes during the petitioners' absence and are operating a guest house from the premises. The petitioners contend that the
Corporation should not have permitted this change of use without considering their objections.
Mr. Rohit Banerjee, learned advocate for the private respondents no. 8 and 9, counters that the guest house has been operational for over a decade, with the knowledge and consent of the petitioners. It appears that the petitioners submitted a representation to the Corporation regarding the change of use of the premises by letter dated September 27, 2024.
I am not inclined to keep this writ petition pending. Accordingly, I dispose of this writ petition with the direction to the competent officer of the Kolkata Municipal Corporation to consider the representation in accordance with the law within three months from the date of communication of this order. In deciding the matter, the Corporation shall provide an opportunity for a hearing to the petitioners or their representatives, as well as to respondents no. 8 and 9. A reasoned order should be communicated to the parties without delay.
Accordingly, WPO/1059/2024 is disposed of.
(KAUSIK CHANDA, J.) GH.