Amar Nath Yadav v. The Kolkata Municipal Corporation And ORS

OD-3 ORDER SHEET WPO No. 3000 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SRI AMAR NATH YADAV

Versus

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:19th December, 2022.

Appearance:

Ms. Manika Roy, Adv.

..for Petitioner.

Mr. Gopal Chandra Das, Adv.

Mr. Debangsu Mondal, Adv.

...for KMC.

The Court:-The matter relates to certain illegal constructions carried on at premises No.5, Banstalla Gulle, P.S.-Posta, Ward no.IV under the jurisdiction of the Kolkata Municipal Corporation. The petitioner filed the writ petition alleging that unauthorized construction is going on at the said premises. The petitioner claims to have filed an objection before the Executive Engineer (Civil), Building Department, Borough-IV, Kolkata Municipal Corporation in September, 2022.

Today, a communication allegedly made by the petitioner to the learned advocate is placed before this Court wherein a request has been made by the petitioner to withdraw the writ petition. As the petitioner has sought withdrawal of the writ petition, the Court is not deciding the matter on merits.

The writ petition stands dismissed as withdrawn.

It is made clear that the dismissal of the writ petition will not stand in the way of the Executive Engineer (Civil), Building Department, Borough-IV, Kolkata Municipal Corporation to take steps in accordance with law against any unauthorized construction at the subject premises. Photocopy of the written communication made by the petitioner to the learned advocate be retained with the record. Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities. (AMRITA SINHA, J.) nm