Calcutta High Court (Appellete Side)
Reliance Jio Infocomm Limited vs The District Magistrate on 20 May, 2022
Author: Sugato Majumdar
Bench: Sugato Majumdar
20.05.2022
Item No. 11
Ct. No.21
d.g. CO 1327 of 2022
Reliance Jio Infocomm Limited
vs.
The District Magistrate, Birbhum & Ors.
Mr. Sabyasachi Chowdhury
Ms. Rajarshi Dutta
Mr. VVV Sastry
Mr. Sourav Roy
... for the petitioner
None appears on behalf of the respondent.
Learned Counsel for the Petitioner submits that aside of plethora of facts, there is an apprehension that the mobile tower in question may be demolished and no remedy would be available since the summer vacation is forthcoming and the Hon'ble Court will be closed.
It is submitted that the order of demolition may be stayed, for a limited period.
Heard the learned Counsel. On perusal of record it appears that in terms of the Order No. 3 dated 15th March, 2022, the District Magistrate, Birbhum passed a direction to remove the mobile tower in question within thirty official working days from the date of receiving of that order. A subsequent petition dated 20th April, 2022, filed by the present petitioner was also rejected by the District Magistrate, Birbhum.
2Considering the fact that any act of demolition of the mobile tower during summer vacation would render the Petitioner remediless and also would frustrate the very purpose of filing of the instant application, let the Order passed by the District Magistrate, Birbhum, dated 15th March, 2022 be stayed till 8th June, 2022.
The matter be placed before the regular Bench on the returnable date.
The order may be communicated to the opposite Parties by the Petitioners. Issue notice in the meantime.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Sugato Majumdar, J.)