Chandra Nath Mondal vs Durga Mondal & Ors.

By consent of the parties, the appeal is treated as on day''s list and

taken up for consideration along with the connected applications.

The instant appeal arises out of a judgment and order dated 6th

September, 2016, passed by the learned Single Judge in WP 18236(W) of 2016

( Durga Mondal vs. Howrah Zilla Parishad & Ors .).

The appellant before us was not a party to the writ proceeding. We,

however, granted the appellant leave to prefer the instant appeal in terms of

our order dated 15th May, 2017.

During the course of hearing of the appeal, this Court had made certain

observations with regard to a memo dated 15th March, 2017, issued by one A.

Chakraborty, Assistant Engineer, Howrah Zilla Parishad, addressed to the

learned advocate for the appellant. This memo was a reply to the complaint

made by the appellant against unauthorised construction made by respondent

no.1/writ petitioner, namely, Smt. Durga Mondal. Observations made by us

appear in the orders dated 15th May, 2017 and 12th July, 2017.

Today, when the matter is taken up for consideration, the learned

advocate appearing on behalf of the Assistant Engineer, Howrah Zilla Parishad

- who was directed to be personally present in Court in terms of our order

dated 12th July, 2017 - hands over a copy of a memo dated 17th July, 2017,

which reads follows:-

"Office of the Howrah Zilla Parishad 10, Biplabi Haren Ghosh Sarani, Howrah-1.

Memo No.182/C32/HZP/BP

Dated 17.07.17

To

Mrs. Gitashree Mistry

Advocate, High Court, Calcutta

C/o, Arun Kanti Bera

8, Old Post Office Street, 1st Floor,

Calcutta- 700001

Sub: Withdrawal of letter of the undersigned vide memo no.1300/009/E dated 15/03/2017 in regard to construction at Podra Andul Road Howrah by Smt. Durga Mondal

Madam,

Please be informed that a complaint was made before the District Magistrate, Howrah & Superintendent of Police, Ranihati, Howrah on 01/03/2017 by you and copy thereof was forwarded to different authorities including the undersigned.

So, reply of your complaint was not at all required by me. But reply to the said complain given by me is full of inadvertent mistake by interpreting the Hon''ble High Court''s order passed in W.P.No.18236 (W) of 2016 detected out of controversy raised.

Hence, I do hereby recall my letter dated 15/03/2017 addressed to you and my earlier letter dated 15/03/2017 be stand recalled.

Inconvenience caused to you is regretted.

Yours faithfully

Ashit Chakraborty

Assistant Engineer

Howrah Zilla Parishad "

It is evident that the concern expressed in our order dated 12th July,

2017, has been adequately addressed by the Assistant Engineer, Howrah Zilla

Parishad, upon withdrawing the earlier memo dated 15th March, 2017, issued

by him.

In such circumstances, we dispose of the appeal along with the

connected application for stay as well as the contempt application with liberty

to the parties to proceed further strictly in conformity with law.

Urgent photostat certified copy of this order, if applied for, be given to

the learned advocates for the parties.