SABYA SACHI DUTTA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-7-235
HIGH COURT OF CALCUTTA
Decided on July 17,2019

Sabya Sachi Dutta Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Samapti Chatterjee,J. - (1.) In a nutshell the petitioner's case is as follows :
(2.) On 18th June, 2015 the Bidhannagar Municipal Corporation was formed to constitute the municipal areas of Bidhannagar, Rajarhat-Gopalpur and the Panchayat areas of Mahisbathan - II Gram Panchayat upon merger of erstwhile Bidhannagar Municipality and Rajarhat Gopalpur Municipality. On 16th October, 2015 the Board of Councillors of the Bidhannagar Municipal Corporation was ultimately formed and the petitioner herein was appointed as a first Mayor as per provisions of Section 17 of the West Bengal Municipal Corporation Act, 2006.
(3.) On 9th July, 2019 a notice was circulated bearing the signature of the Commissioner of the Bidhannagar Municipal Corporation for special meeting of the Board of Councillors of the Bidhannagar Municipal Corporation. Vide the letter dated 10th July, 2019 the petitioner asked for supplying some documents including the notice dated 9th July, 2019 as well as the requisition. Since nothing was done being aggrieved the petitioner filed the present writ petition praying following reliefs : a) Leave be granted to your petitioners to move instant application exparte and to that extent, Rule 26 pf the Writ Rules framed by this Hon'ble Court may kindly dispensed with. b) B) A Writ or Writs in the nature of mandamus do issue commanding and directing the respondent authorities, their men, agents and representatives to show cause as to why the notice dated 9th July 2019 issued by the Commissioner, Bidhannagar Municipal Corporation, bearing Memo No. BMC/GS/2019/1352 (41), should not be quashed and on failure to show cause or to show sufficient cause the said notice be quashed. c) A Writ of and/or in the nature of mandamus quashing or setting aside the said impugned notice dated 9th July, 2019. d) A writ or in the nature of Certiorari calling on the respondent authorities concerned and/or their men servants, agents and/or assigns and/or each one of them to certify and transmit the records of the case to this Hon'ble Court so that conscionable justice may therein be administered after quashing of the said notice dated 9th July, 2019 issued by the Commissioner, Bidhannagar Municipal Corporation bearing Memo No. BMC/GS/2019/1352(41). e) Rule nisi in terms of prayers (b) and (d) above, and to make the Rule absolute if no cause and/or insufficient cause is shown in reply thereto. f) An interim/ad interim order of injunction restraining the State respondents from giving any effect and/or further effect to the notice dated 9th July, 2019 issued by the Commissioner, Bidhannagar Municipal Corporation, bearing Memo No. BMC/GS/2019/1252(41) or initiate any action based on the said notice dated 9th July, 2019 till disposal of the instant case. g) An ad interim order in terms of the prayers (b) to (d) above till disposal of this instant writ petition. h) Costs of and incidental to this application. i) And pass such other further order or orders as Your Lordships may seem fit and proper." ;


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