Writ petition challenging alleged unauthorized construction within Bally Municipality was withdrawn at petitioner's written request and dismissed as not pressed; the court noted the Municipality remains free to act on the construction in accordance with law.
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Item No.02 20.05.2024 S.H.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side
W.P.A.10819 of 2024
Soujit Roy
-versus
The Administrator, Bally Municipality & Ors.
Mr. Kalidas Saha Ms. Khushi Moullick Ms. Mandira Mandal …For the Petitioner.
Mr. Amitava Ghosh Ms. Nabanita Chatterjee … For the private respondent.
Mr. Ayan Banerjee Ms. Debasree Dhamali … For the Bally Municipality
The instant writ petition has been filed challenging the unauthorized construction at municipal holding no. 59, Dewangazi Road, P.O. & P.S.-Bally, District-Howrah within the jurisdiction of Bally Municipality.
Currently the petitioner has given a written request to his learned advocate on record not to proceed further with the writ petition.
In view of such request, the writ petition is dismissed as ‘not pressed’.
Dismissal of the writ petition will, however, not stand in the way of the Bally Municipality to proceed to deal with the unauthorized construction that has been detected, in accordance with law, at the earliest.
2
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)
1 issue framed by the court
Whether the unauthorized construction at municipal holding no. 59, Dewangazi Road, Bally should be addressed via writ petition.
Soujit Roy
The Administrator, Bally Municipality
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
