Satyannarayan Prasad Bhagat v. Chairman, Burdwan Municipality
2013-05-08
JAYANTA KUMAR BISWAS
body2013
DigiLaw.ai
Judgment : The Court: The CAN has been filed for restoration of the W P that was dismissed for non-appearance of the petitioner. The WP was filed alleging that the authority of Burdwan Municipality did not take necessary steps on the basis of the petitioner’s complaint regarding erection of unauthorized constructions. Advocate for the Municipality has submitted under instructions that taking cognizance of the allegations made in the petitioner’s complaint the authority concerned issued a stop work notice and the Board of Councillors of the Municipality has taken steps for registration of a case under s.218 of the West Bengal Municipal Act, 1993. In view of the above-noted situation, I am of the view that it is not necessary to restore the WP. Since the Municipality has already taken action and the WP was only against inaction, nothing remains to be decided in the WP. For these reasons, I dismiss the CAN. No costs.