Calcutta High Court (Appellete Side)
M/S. Nizam'S Restaurant Private ... vs Kolkata Municipal Corporation & Ors on 8 June, 2023
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
14 08.06.2023
rkd
W.P.A. 1930 of 2013
Ct.15
M/s. Nizam's Restaurant Private Limited & Anr.
-vs-
Kolkata Municipal Corporation & Ors. Mr. S. N. Mukherjee, Mr. Achintya Banerjee, Mr. R. N. Chakraborty, Ms. Tanusee Das ....for the petitioners.
Mr. Ashok Kumar Banerjee, Mr. Biswajit Mukherjee, Mr. Swapan Kumar Debnath, Mr. Saurav Chowdhury ....for the KMC.
Matter is heard at length in presence of the learned advocates representing the petitioners and Kolkata Municipal Corporation.
While examining the order of the Municipal Commissioner dated nil being annexure P9 to the writ petition the Court is required to consider the point of transfer of the restaurant in question as it has been highlighted in the order of the Municipal Commissioner.
It has also been noticed by this Court while considering the submissions made on behalf of the petitioners that for alleged transfer of the restaurant certain charges have been levied. A specific point has been urged by the petitioners upon placing reliance on the statements made in paragraph 16 of the writ petition that such transfer 2 of the restaurant was brought to the notice of the corporation at the material point of time and pursuant thereto on issuance of note of the Joint Municipal Commissioner the concerned authority of Kolkata Municipal Commissioner accepted Rs.24 lakhs from the petitioners.
However, on query it is found that such note of Municipal Commissioner is not part of record.
Court desires to see the contents of the note based on which Rs.24 lakhs was paid by the petitioners.
The learned advocate representing the Kolkata Municipal Corporation is directed to produce the note of the Joint Municipal Commissioner as referred in paragraph 16 of the writ petition on the adjourned date.
List the matter under the same heading on 15th June, 2023.
(Saugata Bhattacharyya, J.)