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Calcutta High Court (Appellete Side)

Kishor Ghosh vs The Chandernagore Municipal ... on 21 May, 2021

Author: Arindam Sinha

Bench: Arindam Sinha

   21.05.2021
Item No. 03
Ct. No. 04
PG

                             W.P.A. 8526 of 2021
                            (Via Video Conference)
                                 Kishor Ghosh
                                      Vs.
                The Chandernagore Municipal Corporation & Ors.

                Mr. Ragunath Chakraborty
                Ms. Era Ghose..........for petitioner

                         Mr. Chakraborty, learned advocate appears

                on behalf of petitioner and wants to move this writ

                petition but none appears to oppose it.

                         In order dated 19th May, 2021 following was

                said:

                                "Mr. Chakraborty, learned advocate
                         appears on behalf of petitioner and submits,
                         service sought to be effected through post
                         caused return of postal article with
                         endorsement 'refused'. Subsequently e-mails
                         were sent. In fairness he submits, he will once
                         again notify and serve by e-mail.
                                List on next notified date before
                         available learned single Judge. Copy of this
                         order be included in the notice to be sent by e-
                         mail."

                         It appears from impugned order that the

                authority found petitioner to have been carrying on

                business from a construction, which is unauthorised.

                Though     Mr.   Chakraborty     submits,    sanctioned

                building plan stands disclosed, his client is not

                person responsible for the construction. In the

                circumstances there is no scope of passing ex parte

                interim order, directing grant of enlistment certificate,
                   2




to carry on business from the premises, as aforesaid,

found to be unauthorised construction.

        List before regular Bench on resumption of

normal business of Court. Petitioner will serve copy

of this order on respondents.

(Arindam Sinha, J.)