The Commandant vs The Kolkata Municipal ...
2022 Latest Caselaw 8046 Cal

   D/L
Item No. 10
05.12.2022
 KOLE

                              MAT 1344 of 2022
                                 With
                               CAN 1 of 2022

               The Commandant, Ordnance Depot, Alipore
                              -Vs.-
                The Kolkata Municipal Corporation & Ors.


              Mr. Nandlal Singhania,
              Mr. Vipul Kundalia,
              Mr. Debu Chowdhury,
                                                        ... for the appellant.

              Mr. Achinta Banerjee,
              Mr. Ranajit Chatterjee,
                                                            ... for the KMC.

              Mr. A. Mitra, Sr. Adv.
              Mr. A. Banerjee,
              Mr. B. Kumar,
              Mr. D. Sen,
                                                 ... for the respondent no. 5.

Mr. A. K. Mitra, Sr. Adv.

Mr. Sarvapriya Mukherjee, Mr. Deepan Sarkar, Mr. S. Swaika, ... for the respondent no. 6.

Mr. Rajib Mukherjee, Mr. Shre Yasi Bhandari, ... for the BSNL.

Mr. Kumar Jyoti Tewari, Mr. S. Mukherjee, ... for the respondent no. 15.

This appeal is directed against a judgment and order

dated July 8, 2022, whereby the appellant's writ petition was

dismissed by the learned Single Judge.

We do not wish to have multiple hearings. Since it is

an appeal from an order of dismissal, no question of any

interim order arise. We will hear out the appeal.

Mr. Mitra, Learned Senior Advocate, appearing for

the respondent no. 5, says that liberty should be granted to

his client to file an affidavit to bring on record the present

state of the building in question. Let such affidavit be filed

within 10 days with a copy to learned Advocate for the

appellant.

The appellant shall file requisite number of informal

paper books incorporating therein all papers that were there

before the learned Single Judge and also the affidavit that

the respondent no. 5 will file.

All formalities are dispensed with. Since all parties

are represented, notice of appeal is deemed to have been

waived.

CAN No. 1 of 2022 is disposed of.

Let paper books be filed by January 9, 2023.

List the appeal on 13.01.2023 under the heading

"Hearing".

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)