Biswanath Somadder, J. - (1.) This appeal and the connected applications have taken out by one Rajesh Kumar Roy who claims to be a third party and was not a party to the writ proceeding.
(2.) From the records it appears that Dwarkanath Roychoudhury and others moved a writ petition, being W. P. 3481 (W) of 2016, before a learned Single Judge essentially complaining of inaction on the part of the Commissioner of Howrah Municipal Corporation in taking steps for demolition of an unauthorized construction allegedly made by the private respondent. The learned Single Judge after hearing the petitioners as well as the State passed a judgement and order on 12th January, 2017, which is sought to be impugned before this Court by the third party who seeks leave to prefer an appeal against the said judgement and order dated 12th January, 2017.
(3.) Even a bare perusal of the impugned judgement and order dated 12th January, 2017, reveals that the learned Single Judge after considering the writ petitioners' grievance came to a finding to the effect that if the Commissioner, prima facie, found certain illegal and unauthorized construction to have been made by the private respondent and had directed inspection and initiation of proceeding for demolition, it was his duty to see that the subordinate officer acted on the basis of such order. The learned Single Judge further observed that after passing the order, the responsibility entrusted upon the said officer under the statute cannot be rendered fruitless and/or redundant. In such circumstances, the learned Single issued the following direction: - "In view of the above, the Commissioner, Howrah Municipal Corporation is directed to see that the proceeding is initiated on the basis of the observations recorded in the aforesaid order passed by him and such proceeding must be brought to its logical end within three weeks from the date of communication of this order in accordance with law. With these observations, the writ petition is disposed of.";