Judgment : The Court : The petitioner in this WP under art.226 of the Constitution of India dated April 7, 2009 is seeking the following principal relief:- “a) A writ of or in the nature of mandamus do issue directing the respondents Municipal Authorities to withdraw, recall, cancel and/or to rescind the revised sanctioned plan being Memo No. 569/08-09/BG dated 16.3.2009 granted in favour of the private respondent No. 3 following purported attempt for correction of land area in the assessment register of the respondents.” Mr Ghosh appearing for the petitioner has submitted that the Board of Councillors of Barrackpore Municipality did not give any importance to the petitioner’s complaint dated March 30, 2009 (W P p.66). In the complaint dated March 30, 2009 the petitioner stated, inter alia, as follows:- “… … ……I prayed for cancellation of the said revised plan because of his purported clandestine attempt to include my portion in his plan but all my attempts have been proved to be futile and I became bewildered because of your purported action and non-action and as well as for your surreptitious sanction of the revised plan which you cannot and I fervently request your goodself to withdraw and/or revoke and/or cancel the revised sanctioned plan granted on 16.3.09 in favour of my elder brother immediately………” The WP was admitted, and now the petitioner has filed the CAN for amendment of the W P. Mr Ghosh has said that during pendency of the W P the Municipality has granted sanction to yet another revised plan, and that constructions have been erected in deviation of the revised plan. Mr Biswas appearing for the private respondent has disputed the correctness of the petitioner’s case. As noted hereinbefore, the WP was filed seeking cancellation of the sanction granted by the Municipality to the revised plan. The complaint was not described as one under s.217 of the West Bengal Municipal Act, 1993. But it was alleged that the private respondent wrongfully included the petitioner’s property in the revised plan on the basis whereof he obtained the sanction. In my opinion, in view of the allegation the Board of Councillors of the Municipality ought to have instituted proceedings under s.217 of the Act. But it was alleged that the private respondent wrongfully included the petitioner’s property in the revised plan on the basis whereof he obtained the sanction. In my opinion, in view of the allegation the Board of Councillors of the Municipality ought to have instituted proceedings under s.217 of the Act. As to the allegation of erection of unauthorised constructions in deviation of the revised plan, in my opinion, the petitioner ought to have submitted a complaint to the Board of Councillors under s.218. The issue has nothing to do with the validity of sanction granted to the revised plan involved in the W P. I think, on the facts of the case, it will be appropriate to dispose of the W P giving suitable directions to the Municipality. For these reasons, I dispose of the W P and the CAN ordering as follows. On the basis of the petitioner’s complaint dated March 30, 2009 (WP p.66) the Board of Councillors of the Municipality shall institute proceedings under s.217 of the West Bengal Municipal Act, 1993. If the petitioner lodges any complaint under s.218, the Board of Councillors shall take steps according to law. The s.217 case and the s.218 case, if registered, shall be decided after making necessary inquiry, recording proceedings, taking down evidence and hearing the parties. No costs.