The State Of West Bengal & Ors vs Dr. Namita De & Anr
2021 Latest Caselaw 752 Cal

02.02.2021
      3
 ns Ct.04
                                   M.A.T. 367 of 2018
                                       With
                    I.A. CAN 1 of 2018 (Old CAN 2291 of 2018)
                                       With
                    I.A. CAN 2 of 2018 (Old CAN 2293 of 2018)
                                       With
                                   CAN 3 of 2020


                                    The State of West Bengal & Ors.
                                            Vs.
                                      Dr. Namita De & anr.



              Mr. Amitesh Banerjee, sr. adv.,
              Mr. Joyak Kr. Gupta          ....        for appellants.

              Ms. Kabita Mukherjee,
              Mr. Manas Dasgupta           ...      for respondents.

Mr. Banerjee, learned advocate, Senior

Standing Counsel appears on behalf of appellants / State.

Ms. Mukherjee, learned advocate appears on behalf of

private respondents. Respondent / municipality goes

unrepresented.

Mr. Mukherjee draws attention to order dated

7th January, 2021, in which there was direction upon

appearing parties to notify the municipality. She hands up

copy notice dated 12th January, 2021 bearing endorsement

regarding acknowledgement of receipt on behalf of learned

advocate engaged by the municipality.

Appearing parties submit that the appeal can

be heard on basis of the writ petition and affidavit-in-

opposition filed by State. They submit further, the

municipality went unrepresented in the matter of

impugned judgment dated 1st December, 2017. It had not

filed affidavit and apparently is not interested in hearing of

the appeal.

The appeal will be heard on basis of the writ

petition and affidavit-in-opposition filed therein. Further

formal notice of appeal to unrepresented respondent is

dispensed with, while Ms. Mukherjee waives it so far her

clients are concerned.

Appellant will provide copies of the writ petition

and affidavit-in-opposition on adjourned date. The notice

is handed back for being enclosed in affidavit-of-service to

be filed. Appellant will serve this order on the municipality

and file affidavit of service on adjourned date. List on 11 th

February, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)