Satya Brata Sinha, J. - (1.) This appeal is directed against the judgment and order dated 11th July, 2000 passed by a learned single Judge of this Court in W.P. No. 15588(W) of 1999 whereby and where under the writ application filed by the appellant herein was disposed of directing : "I therefore dispose of this writ application along with the aforesaid application by directing the said Executive Engineer (Borouch-3) to decide the matter on the basis of the complaints filed by the writ petitioners as annexed to this writ petition dated 3rd July, 99, in the light of the inspection if any held by him pursuant to the order of this Court by giving a reasonable opportunity of hearing both to the writ petitioner and the aforesaid Private Respondent and by passing a reasoned order expeditiously and preferably within a period of 2 months from the date of communication of the order. It is made clear that the respondent Calcutta Municipal Corporation upon determination of the dispute as above will take all possible steps as per the provisions of law, if there be any unauthorised construction and/or a construction In deviation of a sanction building of the aforesaid promises."
(2.) The writ petitioner is the appellant. As regards purported sanction of the building plan granted in favour of the respondents Nos. 8-10, the writ application was filed claiming, inter alia, the following reliefs : "a) A writ of or in the nature of Mandamus directing the statutory respondents, their men, agents or assigns to immediately send a notice to stop work under Section 401 of the Calcutta Municipal Corporation Act, 1980 on the basis of the complaint lodged with the statutory Authorities by the petitioners as in annexure "A" to the writ petition. (b) A writ of or in the nature of Mandamus directing the statutory respondents their men, agents or assigns to investigate and/or inspect the site where the reported illegal construction is being carried on by the private respondents thereafter take Immediate steps to demolish such illegal construction in accordance with law. (c) A writ of or in the nature of Prohibition to prohibit the statutory respondents, their men, agents and assigns not to allow the private respondents to continue with construction as per the purported permission to reconstruct dated 4-12-1998; (d) A writ of or in the nature of Certiorari directing the respondents their men, agents, and assigns to remit the records of the case including the purported permission to re-construct dated 4-12-1998 granted in favour of the respondents Nos. 8, 9 and 10 before this Hon'ble Court so that conscionable justice may be done by quashing the same".
(3.) The said writ application was filed, inter alla, stating that the said respondents had been carrying on construction of the first floor in utter violation of the Municipal laws and Rules, where after the matter was reported to the respondents Nos. 3 and 4 by letters dated 7th July, 1999 and 6th July, 1999 but again it was noticed that the construction has been going on.;