SK. SAMSAD HOSSAIN WARSI Vs. MAHINUDDIN KHAN

JUDGEMENT

(1.) Mr. Raghunath Chakraborty for the appellants contends by the impugned order Hon'ble Single Judge has sought to modify the earlier order during the contempt proceeding.

(2.) We have gone through the materials on record including the order dtd. 22/2/2023 in WPA 28623 of 2022. By the said order Hon'ble Single Judge directed respondent-Tamralipta Municipality to consider the representation of respondent no.1/writ petitioner after giving opportunity of hearing to all necessary parties and pass a reasoned order thereon. It was also directed if the construction was found either in violation of the sanctioned plan or devoid of sanction plan, necessary steps shall be taken with regard to such unauthorised construction in accordance with law.

(3.) We are informed the Municipality did not act in terms of the order dtd. 22/2/2023 and a contempt proceeding being CPAN 1114 of 2023 was initiated. During pendency of the contempt proceeding, a reasoned order dtd. 13/6/2024 was placed before the Hon'ble Single Judge. Hon'ble Single Judge perused the reasoned order and opined the Municipality had not considered all issues namely, non-maintenance of statutory open space and utilisation of the property for commercial purposes at all. Accordingly, by the impugned order the Hon'ble Single Judge directed fresh spot inspection upon prior notice to the parties and submission of further compliance report.