Calcutta High CourtMd. Niaz Ahmed And Ors vs State Of West Bengal And Ors on 29 September, 2021Author:Shampa   SarkarBench:Shampa SarkarOD-3\n                              ORDER SHEET\n\n                           WPO No. 901 of 2021\n\n                  IN THE HIGH COURT AT CALCUTTA\n                 CONSTITUTIONAL WRIT JURISDICTION\n                           ORIGINAL SIDE\n\n\n                        MD. NIAZ AHMED AND ORS.\n                                  Versus\n                     STATE OF WEST BENGAL AND ORS.\n\n\n  BEFORE:\n  The Hon'ble JUSTICE SHAMPA SARKAR\n  Date : 29th September, 2021.\n\n\n                                                                Appearance :\n                                                          Md. Yamin Ali, Adv.\n                                                          For the petitioners.\n\n                                                 Mr. Alok Kumar Ghosh, Adv.\n                                                      Ms. Manisha Nath, Adv.\n                                                                  For K.M.C.\n\n       The Court :- The report filed by the Kolkata Municipal Corporation\n\nis kept on record.\n\n       None appears on behalf of the respondent nos. 11 to 14.Affidavit of service filed in Court today be taken on record.\n\n       This writ petition is disposed of in the absence of the said\n\nrespondents as no adverse orders are being passed affecting their rights.Mr. Ghosh, learned Advocate appearing for the Corporation,\n\nsubmits that pursuant to the complaint of the petitioners, an inspection\n\nwas made and a stop work notice has already been issued upon the\n\nperson responsible. According to Mr. Ghosh, pursuant to the inspection,2some deviations, have been found including construction of an additional\n\nfloor without a sanction.    As the Kolkata Municipal Corporation has\n\nalready taken cognizance of the complaint and prima facie found some\n\nirregularity, no further order need be passed in the writ petition save and\n\nexcept that the Corporation shall conduct an inspection and a hearing in\n\npresence of the parties. Copies of the report shall be supplied to the\n\nparties and thereafter the proceedings shall be disposed of upon hearing\n\nthe parties, as per law. A reasoned order shall be passed and\n\ncommunicated to the parties. The representatives of the respondent nos.\n\n11 to 14 shall be heard mandatorily. On conclusion of the proceedings,\n\nthe Corporation shall act and proceed in accordance with law.The entire exercise shall be completed within a period of five\n\nmonths from the date of communication of this order.The Corporation has already issued stop work notice and police\n\nshall ensure that notice is complied with.(SHAMPA   SARKAR, J\n\nsnn.