Sri Anit Bose vs The State Of West Bengal & Ors on 21 June, 2012

[Cites 0, Cited by 2]

Calcutta High Court (Appellete Side)

Sri Anit Bose vs The State Of West Bengal & Ors on 21 June, 2012

Bench: Biswanath Somadder

                                        1



21.06.2012
  (PP)
                         W. P. No.1321 (W) of 2012


                              Sri Anit Bose
                                   Vs.
                        The State of West Bengal & Ors.


                        Mr. Rama Prasad Sarkar
                                          ......for the petitioner.

                        Mrs. Manjuli Chaudhuri,
                        Ms. Mekhla Sinha
                                       ....for the respondent no.5.

Having heard the learned advocates for the parties and upon the perusing the instant application as well as the report in the form of an affidavit filed on behalf of the respondent no.5, it appears that in the facts and circumstances of the instant case the contention of the petitioner with regard to illegal construction being carried out by the private respondent no.6 is a matter that requires a thorough enquiry by the District Magistrate, Howrah, under whose jurisdiction such construction activity is said to be taking place or has taken place.

However, since the District Magistrate, Howrah, is not a party to the instant proceeding, this Court grants leave to the learned advocate for the petitioner to amend the cause title of the instant writ petition by adding the District Magistrate, Howrah, as party.

This writ petition is disposed of by directing the District Magistrate, Howrah, to cause an enquiry into the matter through a competent officer, other than the District Engineer of Howrah Zilla Parishad, under whose jurisdiction the premises-in-question falls. Such enquiry shall be conducted, upon giving adequate opportunity of hearing to the writ petitioner as well as the private respondent no.6 and all concerned. The decision in the matter, supported with cogent reason, shall, however, be taken by the District Magistrate, Howrah, and no other authority.

The entire exercise, in terms of this order, shall be completed by the District Magistrate, Howrah, as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order.

This Court makes it clear that it will be open to the District Magistrate, Howrah, to pass any order which the said authority may deem fit and proper in the instant case in accordance with law.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Biswanath Somadder, J.)

Unlock Advanced Research with PRISMAI

Calcutta High Court (Appellete Side)