Calcutta High Court
Calcutta Law Journal [P] Ltd. & Ors vs Khalil Ahmed & Ors on 24 July, 2015
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
CC NO.27 OF 2015
WITH
GA NO.2773 OF 2014
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction [contempt]
ORIGINAL SIDE
CALCUTTA LAW JOURNAL [P] LTD. & ORS.
Versus
KHALIL AHMED & ORS.
.........
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI Date : 24th July, 2015.
Mr. A. Ghosh, Mr. S. Mukhopadhyay...appear.
Mr. S. Mondal, Mr. G.C.Das...appear. Mr. P.K. Nandi, Mr.D. N. Pal, Mr. S. Mukherjee...appear. The Court : After hearing learned counsel for the parties the order dated 11th August, 2014 is modified to the following effect :
Paragraph B of the said order is set aside. This will not prevent the writ petitioners from taking out a fresh proceeding on the self-same cause of action, upon due notice to the fifth respondent. This part of the order is so set aside on the ground made out in the application that it was passed ex parte as against the said respondent.
The rest of the order dated 11th August, 2014 is maintained. Kolkata Municipal Corporation is directed to implement this order upon the writ petitioners paying all costs and charges within four weeks of communication of this order. Kolkata Municipal Corporation shall apportion the costs and charges amongst the occupiers, who are likely to be benefited by clearance of the solid waste, garbage, etc.. They will be bound by this order and reimburse the writ petitioners, accordingly.
I clarify that no construction made by the fifth respondent should be affected by this order.2
The application [GA No.2773 of 2014] is treated as an application for review and disposed of by this order.
The contempt application [CC No.27 of 2015] is also disposed of accordingly. Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I. P. MUKERJI, J.) Pkd.
A.R.[C.R.]