KAMALA GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner had approached this Court in its writ jurisdiction by filing W.P. No.4963 (W) of 2006. It was the allegation of the petitioner in that petition that the Mutwalli of the mosque at 55, Biplabi Anukul Chandra Street, Kolkata - 700 072 (respondent No.9) was illegally raising construction in violation of the extant Building Rules and thereby affecting the air, light and ventilation of the premises of the petitioner and despite having complained to the Kolkata Municipal Corporation (hereafter the said Cor-poration) against such illegal construction, no steps had been taken by the said Corporation.

(2.) It appears that W.P. No.4963 (W) of 2006 has been disposed of by this Hon'ble Court on 26.4.2006 with a direction upon the Executive Engineer, Borough No. VI, Building Department of the said Corporation to consider the petitioner's grievance as contained in Annexure P-4 to the petition and to dispose of the same by passing a reasoned order after giving an opportunity of hearing to her as well as the Mutwalli within a period of 8 weeks from date of communication of the order. It was further directed that the Mutwalli would be restrained from raising any "further construction in the concerned mosque without any valid sanction plan".

(3.) During the pendency of the said writ petition, the petitioner on 17.3.2006 has preferred the present petition. The fact that the petitioner has approached this Hon'ble Court earlier with the grievance that the said Corporation has not disposed of her representation, has not been disclosed. However when this petition was taken up for hearing, it has been disclosed before this Court that an order has been passed on 26.4.2006 disposing of the said petition. Copy of the order dated 26.4.2006 has been placed before this Court. Replying to a query raised by this Court, learned Advocate for the petitioner submits that the said Corporation is yet to communicate to the petitioner, decision taken by it on her representation in compliance with the aforesaid order dated 26.4.2006.