Calcutta High Court
Silverline Investment Co. Pvt. Ltd. & ... vs Kolkata Municipal Corporation & Ors on 20 January, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
WP 1186 of 2014
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SILVERLINE INVESTMENT CO. PVT. LTD. & ANR.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 20th January, 2015.
Mr.A.Mitra,Sr.Adv.
Mr.S.Ghosh, Adv.
Mr.V.Rasa Rao, Adv.
Mr.L.C.Behqui, Sr.Adv.
Mr.F.Haque,Adv.
Mr.D.Mondal, Adv.
The Court: The writ petitioners before me had
approached the Court under Article 226 of the Constitution of
India earlier. In the first writ petition an interim order dated
April 10, 2001 was passed. The writ petitioners before me had
complied with the interim order. The writ petitioners had paid
the Kolkata Municipal Corporation in accordance with the order
dated April 10, 2001. The first writ petition was disposed of by
an order dated April 5, 2002 recording that, no further order need
be passed therein.
The writ petitioners have come to Court alleging that, the
Kolkata Municipal Corporation by a letter dated November 13, 2014
required the writ petitioners to submit specific order of a Court
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at the earliest referring to an observation made by the Chief
Municipal Law Officer dated November 7, 2014. The writ petitioners
have made a representation dated November 29, 2014 to the Kolkata
Municipal Corporation in this regard.
The Municipal Authorities as well as the private respondents
are represented.
Considering the rival contentions and the materials made available on record, I am of the view that, interest of justice would be subserved by requiring the Municipal Authorities to consider and dispose of the representation dated November 29, 2014 by passing a reasoned order thereon. Needless to say the Municipal Authorities will afford a reasonable opportunity of hearing to the writ petitioners as well as to the private respondents appearing before me prior to passing of the reasoned order. The Municipal Authorities will also communicate the reasoned order to the parties appearing before it. The Municipal Authorities will dispose of such representation within six weeks from the date of communication of this order on them.
With the aforesaid directions, WP No.1186 of 2014 is disposed of. No order as to costs.
I clarify that, I have not entered into the merits of the claim of the parties. I have not invited any affidavits. Allegations made in the writ petition are deemed not to be admitted.
(DEBANGSU BASAK, J.) dg2