SHEKHAR B.SARAF,J. - (1.) Affidavit of service filed in Court is kept with the record.
(2.) This is an application under Article 226 of the Constitution of India challenging the report dated August 6, 2014 passed by the Chairman, Baidyabati Municipality. The above order was passed on a direction given by an order passed on February 7, 2014 by this High Court directing the authorities to carry out an inspection, grant opportunity of hearing and thereafter pass a reasoned order dealing with the representations of the writ petitioner and the private respondent.
(3.) On the face of the order itself, it is clear that the Municipality has failed to determine the height of the boundary wall from the earth level as the report is completely silent about the same. Secondly, the authority has come to a conclusion that the boundary wall exists since decades. The above conclusion is immediately followed by a sentence that the age of the wall has not been ascertained as the same is a subject to be dealt with by the Civil Engineer and the Municipality has no such infrastructure.;