25.03.2025 Sl. No.104 akd W. P. A. 3684 of 2025 [Md. Akbar & Anr. -Vs- The Kolkata Municipal Corporation & Ors.] Mr. K. A. Rahaman Mr. Amal Ch. Das … … for the petitioners Mr. Shareq Siddique Mr. Shabaz Alam … for respondent no.8 Mr. Samreen Arif … for respondent no.9 Mr. Alok Kumar Ghosh Ms. Gulnaz Quraishi … … for the KMC Mrs. Sipra Mazumdar Ms. Prativa Ghatak … … for the State 1. Affidavit-of-service filed in court today is taken on record. 2. The present writ petition has been preferred by the petitioners raising a grievance regarding the illegal and unauthorized operation of a restaurant from the residential flat, without obtaining the requisite sanction or change of land use from residential to commercial. 3. It is the case of the petitioners that there are unauthorized constructions as well as unauthorized use of the premises in question. Petitioners have made several representations, last representation being dated 25.11.2024. 4. Learned Advocate for the respondent-Kolkata Municipal Corporation submits that already an inspection had been conducted and it has been found that without the change of usage, commercial activity in the nature of a restaurant is being run from the concerned property. He also submits that during 2 inspection, the private respondents were not able to show any legal plan or authentic documents in support of either the construction or change of usage of property. He further submits that the stop work notice under Section 401 of the Kolkata Municipal Corporation Act, 1980 has been served upon the responsible persons vide notice No.104 dated 03.03.2025 and even the Karaya Police Station has been informed in this regards. He further submits the respondent-KMC is ready and willing to dispose of the representation of the petitioners dated 25.11.2024 within a period of four weeks from the date of communication of this order after affording an opportunity of hearing to the petitioners as well as the necessary parties. The representation of the petitioners shall be considered by the Executive Engineer (Civil) Building, Borough – VII. 5. In view of the aforesaid submission made by the learned Advocate for the respondent-KMC, learned Advocate for the petitioners does not wish to press the present writ petition. 6. This Court directs the respondent-Kolkata Municipal Corporation particularly the Executive Engineer (Civil) Building, Borough – VII to decide the representation of the petitioners in the above terms. 7. With the aforesaid directions, the present writ petition is dismissed. 8. There shall be no order as to costs. 9. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)