SAMAR MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner attempted to serve a copy of the writ petition on two occasions upon the respondents Nos. 8 and 9. On both occasions, the postal articles have come back with the endorsement 'insufficient address'. The petitioners contended that the respondents Nos. 8 and 9 being the owners of Holding No. 28/1, Dakshin Buxarah Road, Police Station - AJC Bose Botanical Garden, District - Howrah, have constructed unauthorizedly without any sanction plan and contrary to the rules. The petitioner has also relied upon a notice issued by the Howrah Municipal Corporation (hereinafter referred to as the corporation), to the said respondents Nos. 8 and 9 directing the said respondents to remove and/or demolish the alleged unauthorized constructions. According to the petitioner, despite such notice having been issued by the corporation, the respondents Nos. 8 and 9 have not acted as per the direction of the corporation. It is further alleged that the corporation has since then failed to take steps against the said respondents. Mr. Banerjee learned Advocate for the Corporation submits that the Corporation issued a notice of self-demolition upon the respondents Nos. 8 and 9 and if the said respondents fail to carry out the demolition, the Corporation will demolish the structures.

(2.) The matter was heard on an earlier occasion and the corporation as also the petitioner were granted opportunity to affix a copy of the writ petition and the notice respectively on the alleged premises. The same was done as per the direction of the court. The court was of the view that the respondents Nos. 8 and 9 were avoiding service.

(3.) The matter is taken up in the absence of the respondents Nos. 8 and 9. In view of the fact that the corporation has already taken steps as per the complaint of the petitioner nothing survives to be decided herein. Moreover, the respondents 8 and 9 shall get sufficient opportunity to represent their cases before the concerned authority as this court is not deciding the dispute on merits.