Calcutta High CourtThe District Grand Lodge Of Mark Master ... vs The Kolkata Municipal Corporation & ... on 23 May, 2018Author:Protik Prakash BanerjeeBench:Protik Prakash BanerjeeORDER SHEET

                                         T No. 12 of 2018

                            IN THE HIGH COURT AT CALCUTTA
                               Ordinary Original Civil Jurisdiction
                                       ORIGINAL SIDE


     THE DISTRICT GRAND LODGE OF MARK MASTER MASONS, BENGAL & ANR.
                                  Versus
              THE KOLKATA MUNICIPAL CORPORATION & OTHERS



BEFORE:
The Hon'ble JUSTICE PROTIK PRAKASH BANERJEE
Date : 23rd May, 2018.
[VACATION BENCH]


                                                                                             Appearance
                                                                             Mr. Sapan Kr. Debnath, Adv.
                                                                             Mr. Gopal Chandra Das, Adv.
                                                                                             ... for KMC

                                                                                     Mr. Ashok Jena, Adv.
                                                                                             ... for KOPT

                                                                                  Mr. Supratik Basu, Adv.
                                                                                   Ms. Gargi Saha, Adv.
                                                                                  ... for respondent no. 4.Mr. Arindam Mandal, Adv.... for respondents nos. 5 & 6.Mr. Mukunda Sarkar, Adv.... for the petitioner.The Court : The Writ Petition is moved on service.Affidavit of service filed in Court today be kept on record.

              The grievance of the writ petitioner is that, the petitioner is running an institution at

premises which have become dilapidated and breeding ground of mosquitoes resulting in fevers

like dengue and malaria.2His grievance is that the representation made for demolition of the building to

appropriate municipal authority has not yet been considered and disposed of.Accordingly, let a report be sent by the concerned Respondent to the Commissioner,

Kolkata Municipal Corporation through whom the respondent no. 1 has been arrayed. As and

when such report comes, the concerned respondent authority and/or the appropriate instrumentality

of the respondent no. 1 shall consider the representation for demolition and pass a reasoned order

after considering all the material facts including the aforesaid report.The entire exercise shall be completed within a period of six weeks from the date of

communication of this order.Since I have not gone into the merits of the matter and have not called for any

affidavit, allegations contained in the petition are not deemed to have been admitted.I have chosen not to call on the respondent to submit because the writ petitioner is

entitled to know the fate of representation and the Corporation can have no objection to the above

proceedings.The order which shall be passed shall be a reasoned order and communication shall

be made to the writ petitioner within a fortnight from the date of taking of such decision.The respondent authorities shall act in accordance with law and nothing contained

herein above shall be construed to be a mandatory order for demolition.(PROTIK PRAKASH BANERJEE, J.)



RS/pkd