Calcutta High Court (Appellete Side)
Sree Sree Baneswar Shil Thakur Shebait ... vs Kolkata Muicipal Corporation & Ors on 5 July, 2019
1
5
05.07.2019
jb.
W.P. 4446(W) of 2019
Sree Sree Baneswar Shil Thakur Shebait Estate
vs.
Kolkata Muicipal Corporation & Ors.
Mr. Partha Chakraborty
Ms. Sulogna Chowdhury
.... For the Petitioner
Mr. Biswajit Mukhrjee
Mr. Fazlul Haque
Ms. Manisha Nath
.... For the KMC
I had directed a judgment on admission in favour of the
petitioner because the respondents were absent when the matter
was called and because they have not used any affidavit in opposition. Thereafter the matter was mentioned before rising of the Court in the first half when I directed that the matter would be taken up once again after recess subject to a notice being issued on the learned advocate for the petitioner. Such notice has been issued. Let the copy of the same be kept on record. The learned advocate for the petitioner has appeared and after considering the submissions made by both the parties it appears that there is substantial question of law to be decided in the writ petition which ought not to have sub silenta. 2 Learned advocate for the writ petitioner very graciously submits that the original order may be recalled and the matter be heard out on merits on the basis of pleadings now on record. Accordingly, I recall the order passed this morning and restore the writ petition to its original form and number and direct that the writ petition shall be taken up for hearing on July 8, 2019 at 2 p.m. (Protik Prakash Banrjee, J.)