Calcutta High Court
Smt. Sandhya Mahapatra Nee Saha vs Kolkata Municipal Corporation & Ors on 6 May, 2009
Author: Tapen Sen
Bench: Tapen Sen
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Original Side
Present :
The Hon'ble Justice Tapen Sen
06.05.2009
WP 305 of 2009
Smt. Sandhya Mahapatra nee Saha
Vs.
Kolkata Municipal Corporation & Ors.
Mr. R.N. Dutta, Advocate for the petitioner
Mr. Jugal Porel, Advocate for the KMC
The Court :- This Court is prima facie of the view, subject to what the Hon'ble
Chief Justice may like to Order in this context, that the matter should be placed before the Hon'ble
Mr. Justice Maharaj Sinha before whom WP 15502 (W) of 2007 (see page 19 of the Writ Petition)
is pending as a part heard matter and in which, his Lordship, while granting permission to repair,
had specifically directed that the Respondents will not cause any interference with the repair work
of the petitioner's premises. Notwithstanding such a specific Order having been passed, it appears that even thereafter on 19.09.2008 and 22.09.2008, the Authorities of the Corporation have issued Notices under Section 401 of the Kolkata Municipal Corporation Act and have posted a Guard thereon (see pages 21 and 22 of the Writ Petition). Learned Advocate for the petitioner states that these two actions on the part of the Authorities of the Kolkata Municipal Corporation are in gross violation of the Order passed by the Hon'ble Mr. Justice Maharaj Sinha for which a Contempt Application being CPAN 1050 of 2008 has also been filed and is pending.
This Court is, therefore, prima facie of the view that the subject matter of this case is directly linked with the subject matter of WP 15502 (W) of 2007 referred to above in which the 2 aforementioned Order was passed by His Lordship on 18th July, 2008 as well as with the Contempt Petition.
Under such circumstances this Court is of the view that it would be desirable that the matter be heard by his Lordship as it is the procedure before this Court that contempt matters are placed before the same Hon'ble Judge who had passed the Orders. Consequently, this Court releases the matter with a direction upon the Department to immediately and forthwith place the matter before Hon'ble the Chief Justice.
All parties shall act on a photostat signed copy of this Order on usual undertakings.
(Tapen Sen, J.) ANC.