Smti.R.Araaiyee v. The Lt.Governor And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/508/2024 Smt R.Araaiyee Vs The Lieutenant Governor and others Mr. K.Sabir ... for the petitioner Ms. Babita Das ... for the respondents November 5, 2024 [SR] Item No.2 1.

Despite service of notice, the private respondent is not represented.

2.

The petitioner submits that the private respondent has made illegal construction which affects the petitioner. Several proceedings have occurred in this regard before this Court as also before the Municipal Council.

3.

In a contempt proceeding filed by the petitioner against the Municipal Council, it was submitted by the private respondent that he has preferred an appeal before the Administrator being the Second Appellate Authority in January 2022. The appeal has not yet been disposed of. 4.

This Court, therefore, directs the Court of Administrator, Second Appellate Authority to dispose of the appeal of the Mr. C.H. Babu Rao after dealing with the application under section 5 in accordance with law mandatorily and positively within a period of two months from date.

5.

In the event the appeal is disposed of within the time stipulated above, the Second Appeal shall be deemed to be

dismissed as withdrawn by the private respondent and the Municipal Council shall take immediate and urgent steps in accordance with law with regard to the unauthorized construction by the private respondent.

6.

With the aforesaid direction, the writ petition is allowed. 7.

There shall no order as to costs.

8.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )