Zenat Bibi & Ors vs Kolkata Municipal Corporation & ...
2022 Latest Caselaw 8149 Cal

                                     W.P.A. 28194 of 2017
53    08.12.2022
      Ct.15
                           (IA NO: CAN 1/2018 (Old No: CAN624/2018)
rkd
                                        Zenat Bibi & Ors.
                                              -vs-
                             Kolkata Municipal Corporation & Ors.
                   Mr. Partha Sarathi Das,
                   Md. Hafiz Ali
                                                           ....for the petitioners.
                   Mr. Saurav Chaudhuri
                                                             ....for the applicant.
                   Mr. Naba Kumar Das,
                   Mr. Pathik Bandhu Banerjee
                                                     ....for the respondent no.1.

Mr. Satyajit Talukdar, ....for the KMDA.

Mr. Ashoke Kumar Banerjee, Mr. Barin Banerjee, Ms. Sima Chakraborty ....for the KMC.

The matter is heard in presence of the

learned advocates representing Haidar Khan, four

persons named as petitioners in the writ petition,

Kolkata Municipal Corporation and KMDA

Authority.

Mr. Partha Sarathi Das, learned advocate

representing said Haidar Khan has submitted that

on 17th November, 2017 when the writ petition was

affirmed by Haidar Khan he was not aware of the

fact that power of attorney was revoked on 30th

September, 2014 by the said four persons named

as writ petitioners. Therefore such act of affirming

affidavit in connection with the writ petition should

not be treated as willful and deliberate. In support

of such submission reliance has been placed on

Section 206 of the Contract Act, 1872 as well as a

judgment of the Apex Court dated 28th January,

2022 passed on Civil Appeal No.5797 of 2009

(Amar Nath -vs- Gian Chand & Anr.).

In view of such submission being made on

behalf of said Haidar Khan, this Court has made a

query to the learned advocate representing the

persons named as petitioners in the writ petition

whether such act of revocation of power of attorney

made on 30th September, 2014 was made known to

Haidar Khan or not.

Mr. Chaudhuri, has sought for

accommodation to obtain instructions from his

clients.

KMC is represented by Mr. Banerjee,

learned senior advocate who has placed reliance on

some relevant provisions of the Contract Act, 1872.

KMDA is also represented by Mr. Talukdar,

learned advocate.

List the matter for further consideration on

20th December, 2022 when it will appear under the

same heading.

(Saugata Bhattacharyya, J.)