- (1.) THE instant appeal has been preferred at the instance of the writ petitioner assailing the order dated 11th May, 2007 passed by the learned Single Judge in the writ petition bearing W. P. No. 8898 (W)of 2007 whereby and whereunder the said learned Single Judge dismissed the writ petition. In connection with the aforesaid appeal, an application for stay has also been filed on behalf of the appellant. We have heard the learned Counsel of the respective parties in connection with the aforesaid appeal as well as the stay application.
(2.) THE present appeal arises out of the writ petition which was filed challenging the decision of the South Dum Dum Municipality as communicated by the Executive Officer of the said municipality by the written communication dated 23rd April, 2007. By the aforesaid written communication dated 23rd April, 2007, the appellant herein was asked to demolish the alleged illegally constructed area mentioned in the said written communication by the Executive officer.
(3.) FROM the records we find that on the earlier occasion the appellant herein filed another writ petition bearing W. P. No. 26303 (W) of 2006 claiming various reliefs which was finally disposed of by Soumitra Pal, J. on 3rd January, 2007 as hereunder: "since I find that the issue is pending before the authorities of South Dum dum Municipality for more than a year, considering the facts and circumstances of the case and perusing the materials on record, the writ petition is disposed of by directing the Chairman and Board of Councillors, south Dum Dum Municipality, the respondent No. 2 to consider and dispose of the representation dated 9th November, 2005 filed by the petitioner after giving an opportunity of hearing to the petitioner and the respondent No. 4 and, thereafter, shall pass a reasoned order which shall be communicated to them. ";