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Calcutta High Court (Appellete Side)

Sudhir Prakash vs Unknown on 21 August, 2017

Author: Dipankar Datta

Bench: Dipankar Datta

                                               1

07   21.08.2017

PG Court No.3 C.R.R. 1270 of 2014 In the matter of : Sudhir Prakash........petitioner Mr. Sabyasachi Banerjee Mr. Somopriyo Chowdhury Mr. Anirban Dutta Mr. Pratik Ghose Mr. Sayak Mitra..................for the petitioner Mr. Ranabir Roy Chowdhury.....for the State This revisional application has been placed before us pursuant to an order passed by the Hon'ble the Acting Chief Justice on the administrative side upon a reference being made by a learned judge of this Court. The said learned judge disagreed with the views expressed by three judges of this Court in separate decisions noted in the referring judgment.

We have commenced hearing of the reference in the presence of Mr. Banerjee, learned advocate for the petitioner and Mr. Roy Chowdhury, learned advocate for the State. After hearing progressed to some length, we have considered it necessary to put the Kolkata Municipal Corporation (hereafter the 'Corporation') on notice. Accordingly, office is directed to serve notice on the Corporation within a week from date informing it that the reference shall be OFFICE listed once again on September 06, 2017, when the Bench desires representation from its side. In particular, we would require assistance from the Corporation on the point as to whether either by any general order or by special order, measures for preventing, controling and fighting of fire and ensuring the safety of life and property in the case of fire has been prescribed or not in respect of the building in question i.e. No. 41 Chowringhee Road, Kolkata-700071.

Let such notice be served by a special messenger, costs wherefor 2 shall be put in by the petitioner by tomorrow without fail.

(DIPANKAR DATTA, J.) (DEBI PROSAD DEY, J.)