Calcutta High Court (Appellete Side)
Nasir Ali Molla vs The State Of West Bengal & Ors on 1 December, 2021
Author: Shampa Sarkar
Bench: Shampa Sarkar
S/l.21
1.12.2021
Court. No. 19
sn
WPA 2598 of 2021
Nasir Ali Molla
Vs.
The State of West Bengal & Ors.
(Through Video Conference)
Mr. Mrityunjoy Chatterjee
Mr. S. Bhattacharyya
Ms. Debapriya Mazumder
Mr. S. Basu Roy ... for the Petitioner.
Mr. Sudipto Panda
Ms. Munmun Tewari ..for the State
Mr. Santanu Chatterjee ..for the HMC
The petitioner has alleged inaction on the part of
the Howrah Municipal Corporation in disposing of the
complaint dated November 7, 2020 lodged by the
petitioner alleging unauthorized construction by the
respondent no.6.
Let the affidavit of service be taken on record. It appears that on several occasions the postal authorities tried to serve the writ petition and notice of mentioning upon the said respondent. The respondent could not be located on several dates and ultimately the postal articles were "unclaimed". Although intimation was given. The envelopes along with the postal endorsements are taken on record. The petitioner alleges that the respondent no.6 is avoiding the service.
2Mr. Panda, learned advocate for the police authorities submits a report, from which it appears that the Howrah Municipal Corporation was intimated by the concerned police station on receipt of the complaint from the petitioner and the Howrah Municipal Corporation requested the police authorities to assist the Corporation in this regard. Such report is before this Court.
As no mandatory direction are being passed against the respondent No.6 the writ petition is taken up in the absence of the said respondent as the order proposed to be passed can be complied with only upon notice to the respondent No.6.
Having considered the rival contentions of the parties, this writ petition is disposed of with a direction upon the police authorities to ensure that the request of the Howrah municipal corporation is complied with in terms of Section 225 of the Howrah Municipal Corporation Act, 1980. Further, the Commissioner of Howrah Municipal Corporation or the competent authority of the Corporation shall dispose of the objection of the petitioner in accordance with law upon holding an inspection of the premises in question in presence of the petitioner and the respondent no.6. Notice of such inspection shall be served upon the petitioner and the respondent no. 6, at the address of 3 the respondents mentioned in the writ petition. Further a copy of the same shall be affixed at a conspicuous place on the premises where construction is going on, namely, 13B, Sekh Para Lane, P.S. Chatterjeehat, District Howrah.
The report of inspection shall be supplied to the parties and a hearing shall be given to the parties. A reasoned order shall be passed and communicated to all concerned.
The Corporation shall act and proceed in accordance with the provisions of the statute and reach the proceeding to its logical conclusion on the basis of what transpires at the inspection and at the hearing.
The entire exercise shall be completed within a period of four months from the date of communion of this order.
This writ petition is disposed of.
There will be however no order as to costs. Parties are directed to act on the server copy of this order.
(Shampa Sarkar, J.)