Calcutta High Court
M/S. Anjali Jewellers vs Kolkata Municipal Corporation & Ors on 10 November, 2017
Author: Subrata Talukdar
Bench: Subrata Talukdar
ORDER SHEET
WP 647/2017
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. ANJALI JEWELLERS
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE SUBRATA TALUKDAR
Date : 10th November, 2017.
Mr.Ashok Kumar Banerjee,
Mr.Sakya Sen,
Mr.Kaushik Chatterjee,
Mr.Subhojit Roy,
Ms.Sudeshna Bagchi,
Ms.Labanyasree Sinha, Advs., for the
petitioner.
Mr.Alak Kumar Ghosh,
Mr.Jugal Chandra Porel,
Mr.Debangshu Mondal, Advs., for the
KMC.
The Court : Parties are represented in the order of
their names as printed above in the cause title.
In spite of filing of affidavit of service by the
petitioner, none represents the respondent no.6 at the
hearing today. The attention of this Court is drawn to paragraph 4 of the affidavit of service filed on behalf of the petitioner which, states, inter alia, that service of notice of the writ petition was refused by the wife of the respondent no.6 on the ground that the respondent no.6 is out of station.
In view of the averments pleaded at paragraph 4 of the affidavit of service (supra), this Court presumes that the respondent no.6 has constructive notice of the writ petition.
However, the petitioner is granted leave to serve notice of this order afresh along with a copy of the writ petition on the respondent no.6 and affirm an affidavit of service to be placed on the next date.
In view of the urgency pointed out by the learned Counsel that the impugned work of demolition was scheduled on November 9, 2017 and, has been temporarily put on hold due to the pendency of this matter, the petition is made returnable under the same heading 'Urgent Matter' on November 17, 2017.
(SUBRATA TALUKDAR, J.) sd/