SOUMITRA PAL,J. - (1.) It is submitted by Mr. Sur, learned advocate for the Kamarhati Municipality, on instruction that the plan for the building was sanctioned for residential purpose. Submission is that the two flats in the second floor have been leased out to one Swapan Basu for being used as a guest house under the name and style of "Utsarga Atithi Aabas" after a resolution was adopted by the Board of Councillors of the said Municipality in its meeting held on 31st December, 2009. According to him, as section 200(1) of the West Bengal Municipal Act, 1993 permits change of user of the grant of licence for running the guest house on commercial basis, action taken is just and proper.
(2.) Learned advocate appearing on behalf of the petitioner submits that the petitioner is not in aware of the resolution adopted on 31st December, 2009 as it was never furnished and it has not been dealt with in the impugned order dated 12th November, 2011. Prayer has been made for giving him a copy of the resolution which has been furnished today. Since a copy of the resolution has been furnished to the learned advocate for the petitioner, no further copy need be served.
(3.) Since I find that the guest house is being run pursuant to the resolution adopted by the Board of Councillors of the said Municipality, no further order need be passed on the writ petition. The writ petition is disposed of. However, this order shall not prevent the petitioner to take steps in accordance with law before the appropriate forum, if so advised.;