SAMBUDDHA CHAKRABARTI,J. - (1.) The reliefs, inter alia, prayed for in this writ petition are a Writ in the nature of Mandamus commanding the respondents, their servants, agents, etc. to demolish an alleged illegal construction at 9A, Mustaque Ahmed Street, Kolkata - 700006 and not to allow the respondents Nos.6 and 7 to the writ petition to open the restaurant and carry on any eating house at the said place and also a writ in the nature of Mandamus commanding the respondents to take immediate steps to stop work at the premises mentioned above and for other ancillary reliefs.
(2.) It appears that this matter appeared before learned single Judges on earlier occasions and finally by Order dated January 12 2011 a learned single Judge of this Court directed the matter to be placed before the Hon'ble Division Bench taking up public interest litigations as the learned single Judge was of the opinion that the writ petition appeared to be in the nature of a public interest litigation. Thus, it has appeared before this Bench.
(3.) This matter was heard by the Division Bench taking public interest litigation matters and various orders from time to time were passed. Lastly, it appears from order dated December 2, 2011 that the learned counsel appearing for the Municipal Corporation has placed before us a copy of the order passed by the Special Officer (Building) relating to the subject matter of the petition from which we found that the respondents-occupiers had, in fact, carried out unauthorised construction and effected unauthorised change of user in the concerned property. The relevant portion of the order passed by the said authority of the Municipal Corporation was quoted in our earlier order. The matter was adjourned only to enable the respondents to have an opportunity to prefer an appeal, if any, or to comply with the order. It may be recorded that the outer limit for preferring an appeal from that order was 30 days before the Building Tribunal constituted under the Kolkata Municipal Corporation Act.;