Ujjwal Kumar Bardhan v. Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/138/2024 Ujjwal Kumar Bardhan Vs.

Deputy Commissioner and another Mr. K. Sabir .... for the petitioner Mr. V.D.Sivabalan ... for the respondents February 23, 2024 [SR] Item No.1 Learned advocate appearing on behalf of the petitioner submits as follows. The petitioner had complained about an illegal construction and sought its demolition. An order was passed which was challenged by the private respondent. By an order dated 8th December, 2022 passed by a Coordinate Bench of this Court in CPAN/3/2022 arising out of WPA/266/2021, the contempt application was disposed of by granting liberty to the petitioner to participate and contest the appeal proceeding which was pending before the Deputy Commissioner, South Andaman District challenging the order dated 1147 passed by the Secretary, Municipal Council. Since then no effective steps have been taken to have the appeal disposed of.

Learned counsel appearing on behalf of the respondent no.1 submits that notice of appearance has already been issued and the appeal would be disposed of within a period of two months. As the matter pertains to a prayer for early disposal of an appeal proceeding, no prejudice will be caused to the respondent no.2 if an order is passed on the same.

It appears that the appeal is pending for quite some time.

In view of the above, let the appeal be disposed of after hearing the appellant as well as the petitioner and all concerned expeditiously and in accordance with law, preferably within a period of two months from the date of the communication of this order. With these observations, the writ petition is disposed of. Since affidavits have not been called for, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities. ( Jay Sengupta, J. )