DEBANGSU BASAK,J. - (1.) The petitioners assail a writing dated July 17, 2018 issued by the Building Official, Municipal Council, Port Blair.
(2.) Learned Advocate appearing for the petitioners submits that, a proceedings under the Andaman and Nicobar Islands (Municipal) Regulation, 1994 was initiated against the petitioners. Being aggrieved by the order dated May 14, 2018 passed by the Secretary, Municipal Corporation, directing the sealing of the business premises of the petitioners, an appeal was preferred before the Municipal Appellate Authority. Such appeal was disposed of by an order dated June 1, 2018 by holding that, the initial proceedings was without following the due process as prescribed in the building bye laws. The order dated May 14, 2018 directing the sealing was set aside. The authorities were directed to comply with the Building Bye-Laws and decide the issue on merits after giving reasonable opportunity of hearing to all concerned.
(3.) Learned Advocate appearing for the petitioners submits that, the authority did not follow the due process. A further order was passed on June 14, 2018 which was challenged by the petitioners before the Municipal Appellate Authority. Such appeal is pending. During pendency of such appeal, the building official of the Municipal Council has issued the writing dated July 17, 2018. He questions the jurisdiction of such building official to issue such notice. Moreover, he submits that, since the appeal is pending, the authorities need not implement the order under appeal.;