Petitioner withdrew writ petition alleging illegal construction after resolution with respondents. Court allowed withdrawal but affirmed municipality's right to take action against unauthorized structure.
Writ petition allowed to be withdrawn; dismissed as not pressed.
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Ct. 24 Item No.24 17.03.2021 (suvendu)
WPA 1182 OF 2021
Kamrun Nisha
Vs. The State of West Bengal & Ors.
Mr. Sanjib Seth
…..…for the petitioner Mr. Sandipan Banerjee Mr. Ankit Surekha ………for the Municipality Mr. Manoj Malhotra Mr. Sudip Sarkar Mr. K.P.Santra ………….for the State
The writ petition was filed by the petitioner alleging illegal and unauthorized construction in the holding No. 52 and 53, Nanda Ghose Road, Post Office – Howrah, Police Station – Golabari, District – Howrah. The allegation was made by the petitioner against the private respondents who happen to be brothers of the petitioner. Presently the petitioner does not intend to proceed with the writ petition any further. To that effect a written instruction on behalf of the petitioner addressed to her learned advocate was produced earlier before this Court. The Court was not satisfied with the signature of the petitioner appearing in the said instruction given by her to her learned advocate to withdraw the writ petition as the same did not tally with the signature of the petitioner
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appearing in the Vakalatnama filed by her in the instant writ petition. Accordingly, the Court directed the writ petitioner to personally appear before this Court.
The said written instruction given by the petitioner to her learned advocate to withdraw the instant writ petition is already on record.
As per earlier order dated 10th March, 2021, the petitioner appears in person and submits that an internal arrangement has been made between her and the private respondents and accordingly she does not wish to proceed with the matter any further.
The initial allegation of the petitioner was of unauthorized construction. The learned advocate for the Corporation has submitted, upon instructions, that unauthorised construction exists in the said premises.
In view of the above, the prayer of the petitioner to withdraw the writ petition is allowed.
However, this will not stand in the way of the Howrah Municipal Corporation to take appropriate steps against the illegal and unauthorized construction in the aforesaid premises strictly in accordance with law.
The writ petition is dismissed as not pressed.
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Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
( Amrita Sinha, J.)
2 issues framed by the court
Whether to allow the withdrawal of a writ petition alleging illegal construction after verification of signatures.
Whether dismissing a withdrawn writ petition will prevent the Corporation from acting against the unauthorized construction.
1 provisions across 1 enactments
Kamrun Nisha
The State of West Bengal
Howrah Municipal Corporation
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
