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Though formal notice was not served upon the petitioner, but the petitioner was admittedly heard by the Special Officer at the time of passing the order on 7th May, 2021: Calcutta High Court.

The Judgment In the case of Smritikona Nayok vs The Kolkata Municipal (WPO No.2164) was served by The Hon’ble JUSTICE AMRITA SINHA

FACTS OF THE CASE:

The petitioner claims to be the owner and occupier of a residential flat measuring about 350 sq.ft. in the 11th floor of the premises No.9A, Jatindra Mohan Avenue, Ward No.18, Borough-II, Kolkata-700 006. The petitioner submits that her name has already been mutated in the records maintained by the Kolkata Municipal Corporation. A complaint was filed before the Kolkata Municipal Corporation alleging that there has been unauthorised construction in the aforesaid premises. As there was inaction on the part of the Kolkata Municipal Corporation to take steps in response to the complaint made by the complainant a writ petition was filed before this Court being WPO No.407 of 2020. Pursuant to the order passed by the Court in the earlier writ petition the Special Officer (Building), Kolkata Municipal Corporation heard the matter on 17th March, 2021 and 16th April, 2021. It appear from the order passed by the Special Officer (Building) on 7th May, 2021 that an earlier writ petition was also filed before this court being WP No.8841[W] of 2019 where the court was pleased to issue necessary direction upon the Kolkata Municipal Corporation to proceed in accordance with law.

JUDGEMENT:
The Court after going through the facts and arguments advanced by the court held that there is no reason to interfere with the instant writ petition. Hence, the writ petition fails and is hereby dismissed. Affidavit of service filed in Court today be taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of usual legal formalities.

JUDGEMENT REVIEWED BY AKANKSHA 

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