Jayanta Kumar Biswas, J. - (1.) THE petitioners in this WP under art. 226 of the Constitution of India dated April 18, 2013 are alleging that the Chairman of Panihati Municipality did not take any action on the basis of the first petitioner's letter dated June 21, 2010 (WP p. 19). In the letter the first petitioner alleged that her neighbour, one Brajagopal Banik, was erecting unauthorised constructions. She requested the Chairman of the Municipality to stop the erection of the unauthorised constructions.
(2.) AS noted hereinbefore, this WP is dated April 18, 2013. There is no reason to proceed on the basis that the constructions that were going on in June 2010 are still in progress. The Chairman possessed no power to examine the question of demolition of the constructions, even if they were erected unauthorisedly. Hence apart from the question of delay, it is evident that the petitioners have approached this Court with an untenable request. Today there is no scope for passing an order directing the Chairman to examine the question of issuing a stop work notice under s. 220 of the West Bengal Municipal Act, 1993. It is not the case that the petitioners' complaint to the Board of Councillors of the Municipality under s. 218 of the Act has not been considered by the Board. For these reasons, I dismiss the WP. Nothing herein shall prevent the petitioners from lodging complaint to the Board of Councillors of the Municipality under s. 218 of the Act. No costs. Certified xerox.;