Judgment : The Court: The petitioner in this W P under art.226 of the Constitution of India dated March 22, 2013 is seeking the following principal relief:- “a) Writ and/or writs in the nature of Mandamus, commanding the respondent Nos.2 and 3 directing them to take necessary action on the complaint of the petitioner forthwith by restraining the respondent Nos.5,6 and 7 from raising any unauthorised and/or illegal construction and also to remove or demolish any unauthorised and/or illegal construction if already made, by the said respondents on the land adjacent to the house of the petitioner.” Advocate for the Municipality has submitted as follows. Taking cognizance of the allegations made by the petitioner the authority concerned of Contai Municipality has already issued a stop work notice under s.220 of the West Bengal Municipal Act, 1993 and the Board of the Councillors of the Municipality has made arrangement for instituting a demolition case under S.218. Advocate for the contesting private respondents has submitted that the petitioner has suppressed material facts, and that the allegations are incorrect. The question whether the s.218 demolition case, if initiated, is liable to be dropped is to be examined only by the Board of Councillors of the Municipality. Hence I do not think it is necessary to examine the correctness of the submissions made by advocate for the contesting private respondents. I think it will be appropriate to dispose of the WP giving suitable directions to the authorities of the Municipality. For these reasons, I dispose of the W P ordering as follows. The Board of Councillors shall inform the petitioner and the private respondents about institution of the s.218 case, within a week from the date this order is served. The stop work notice already issued shall abide by the result of the s.218 case that shall be decided after making inquiry, recording proceedings, taking down evidence and hearing all concerned without any delay. No costs.