Samir Bhattacharya & Anr vs Bidhannagar Municipal ...
2022 Latest Caselaw 6967 Cal

Item No. 12


                             In The High Court At Calcutta
                             Constitutional Writ Jurisdiction
                                     Appellate Side
 26.09.2022
    Ct-24

                                WPA 21901 of 2022
                             Samir Bhattacharya & Anr.
                                         v.
                      Bidhannagar Municipal Corporation & Ors.


                    Mr. Srijib Chakraborty
                    Mr. Aditya Mondal
                                ... for the petitioners.

                    Mr. Sirsanya Bandopadhyay
                    Mr. Arka Kumar Nag
                    Mr. Tirthankar Dey
                                       ... for BMC.

                   Being aggrieved by the notice dated March 15, 2022
              issued by the Commissioner, Bidhannagar Municipal
              Corporation, the petitioner filed a representation on
              August 30, 2022. The said representation is yet to be
              considered and disposed of.

                    The petitioners submit that the notice dated
              March    15,     2022   is   absolutely   illegal   and   not
              maintainable in the eye of law.

                    Without going into the issue as to whether the
              said notice has been issued in accordance with the law
              or not, the present writ petition is disposed of by
              directing the Commissioner, Bidhannagar Municipal
              Corporation to consider the representation filed on
              behalf of the petitioners on August 30, 2022 strictly in
              accordance with law, at the earliest but positively within
              a period of eight weeks from the date of communication
              of a copy of this order.
                                   2




          The said respondent shall afford an opportunity of

hearing to the petitioner prior to passing an order in the matter. The petitioner will be entitled to rely upon all documents including judgments in his favour at the time of hearing.

It will be open for the petitioner to agitate all issues including the legal issues before the Commissioner for taking a decision in the matter.

The Commissioner shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the impugned notice dated March 15, 2022 and all points are left open to be decided by the Commissioner at the time of consideration of the representation of the petitioner.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh                                    (Amrita Sinha, J.)