Krishna Das Marick v. The State Of West Bengal And ORS

OD-4 ORDER SHEET WPO No.2949 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE KRISHNA DAS MARICK -VS- THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 23rd November, 2022.

Appearance:

Mr. Amal Kumar Banerjee, Adv.

..for the Petitioner.

Mr. Swapan Kumar Debnath, Adv.

Mr. Subhrangsu Panda, Adv.

..for KMC.

Mrs. Sipra Majumder, Adv.

Mrs. Debarati Sen (Bose), Adv.

..for the State.

The Court:-The matter relates to the premises No.1, Narasingha Lane, Kolkata-700 009. The petitioner claims to be the owner of the said premises. It has been submitted that the building is in a dilapidated, dangerous and ruinous state. The Kolkata Municipal Corporation has hung up the board "dangerous building" on the outer wall of the said premises. The petitioner prays for a direction for demolishing the same. The petitioner has already filed a representation dated 5th August, 2022 before the Kolkata Municipal Corporation seeking permission to demolish the same. The said representation is pending consideration till date.

The instant writ petition is disposed of by directing Executive Engineer (Civil), Building Department, Borough-V, Kolkata Municipal Corporation to take steps to consider the representation filed on behalf of the petitioner in accordance with law after giving a reasonable opportunity of hearing to all the necessary parties and pass a reasoned order at the earliest, but positively within a period of six weeks from the date of communication of this order. Learned advocate for the petitioner is directed to forward a copy of the representation dated 5th August, 2022 to the aforesaid respondent at the time of communicating the order of the Court.

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