Calcutta High Court (Appellete Side)
In Re: Sk. Md. Ekbal vs The State Of West Bengal & Ors on 25 June, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
25.06.19
Item No.717
Monthly List
Court No.15
Krishnendu M
W.P. No. 6330 (W) of 2019
In re: An application under Article 226 of the Constitution of India filed on 18.03.2019;
And
In re: Sk. Md. Ekbal
- Versus -
The State of West Bengal & Ors.
Mr. Soujanya Bandyopadhyay
Mr. Syed Surajuddin
For the Petitioner
Mrs. Anwari Qurashi
Mrs. Zainab Tahur
For the State
Mr. Alak Kumar Ghosh
Ms. Piyali Sengupta
For the K.M.C.
The learned advocate-on-record of the petitioner is granted leave to implead the
Executive Engineer, Borough-IX, Kolkata Municipal Corporation as a party respondent to
the present writ petition.
Let necessary correction be effected in the cause title of the petition forthwith. Mr. Bandyopadhyay, learned advocate appearing for the petitioner submits that he is a monthly tenant in a room at premises no. 30/H/6, Kavi Ekbal Road, Kolkata-700
023. The private respondent nos. 8,9 and 10 are raising a construction at the said premises without any sanction plan. Such fact was brought to the notice of the K.M.C. authorities but no steps were taken. The last representation was submitted on 20th February, 2019.
Mrs. Qurashi, learned advocate appears for the State respondents and Mr. Ghosh, learned advocate appears for the K.M.C. Let the documents, as produced, be kept on record.
2
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, the writ petition is disposed of directing the respondent no. 11 to consider the representation submitted by the petitioner on 20th February, 2019, upon conducting an inspection of the premises, with prior notice to the petitioner and the private respondents and to take a decision, in accordance with law and to communicate the same to the parties within a period of six weeks from the date of communication of this order.
Needless to observe in the event it is ascertained that an unauthorized construction is being raised, necessary follow up steps shall be taken by the K.M.C. authorities, in accordance with law.
There shall, however, be no order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.
(Tapabrata Chakraborty, J.)