Harish Tandon, J. - (1.) The writ petition was filed at a point of time when the construction of pay and use toilet in front of the entrance gate of the petitioner was under process, but during pendency of the writ petition and the report submitted in terms of the order passed therein, the same is virtually complete.
(2.) On the first day of moving the writ petition it was submitted on behalf of the petitioner that the construction of pay and use toilet not only blocked the free access to his premises but would also emit foul and dirty smell, which would render the petitioner as well as the other inhabitants of the said premises unable to live.
(3.) It was submitted by the Kolkata Municipal Corporation that the said pay and use toilet is constructed after obtaining the consent from the brother of the petitioner and, therefore, the petitioner cannot raise any objection or challenge such action of the Corporation in constructing the said public utility.;