The Kolkata Municipal Corporation vs Rameshwar Properties Pvt Ltd
2023 Latest Caselaw 3310 Cal/2

Calcutta High Court

The Kolkata Municipal Corporation vs Rameshwar Properties Pvt Ltd on 5 December, 2023

Author: Debangsu Basak

Bench: Debangsu Basak

OD-1&2

               IN THE HIGH COURT AT CALCUTTA
                    Civil Appellate Jurisdiction
                           ORIGINAL SIDE

                       APOT/418/2023
                            WITH
                       WPO/2380/2022
                      IA NO: GA/1/2023

            THE KOLKATA MUNICIPAL CORPORATION
                           VS
              RAMESHWAR PROPERTIES PVT LTD

                       APOT/419/2023
                       WPO/2289/2022

         THE KOLKATA MUNICIPAL CORPORATION AND ORS
                             VS
         THE RAMESHWAR PROPERTIES PVT LTD AND ORS



BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
      AND
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date : 5th December, 2023.

                                                                Appearance:
                                                   Mr. Alak Kr. Ghosh, Adv.
                                              Mr. Swapan Kr. Debnath, Adv.
                                                           ... for the K.M.C.

                                             Mr. Suddhasatva Banerjee, Adv.
                                                  Mr. Soumabho Ghose, Adv.
                                                       Mr. Pushan Kar, Adv.
                                                      Mr. S. Majumdar, Adv.
                                                  ... for the respondent no.1.

Mr. T. M. Siddiqui, Adv.

Mr. S. Dhar, Adv.

Mr. Mrinal Kanti Ghosh, Adv.

... for the State.

The Court: Two appeals are taken for analogous hearing at the

instance of the same appeals and are directed against the judgment and

order dated October 3, 2023 passed in WPO/2289/2022 and

WPO/2380/2022.

WPO/2289/2022 was at the behest of the appellant.

WPO/2380/2022 was at the behest of the private respondent herein. By

the impugned judgment and order, the appellant was directed to pay

occupational charges at a given rate.

The Court is informed that the appellant had paid 50% of the

amount.

The impugned judgment and order requires the appellant to pay

the entirety of the occupational charges within two weeks from the date

of the judgment and order.

The Court is also informed that there is an application for

contempt is pending before a Division Bench.

Issues raised in the appeal are required to be heard.

In such circumstances, we dispose of IA No. GA/1/2023 by

permitting the appellant to prepare informal paper book incorporating all

the papers used before the learned single Judge in respect of both the

writ petitions, within a period of a week from date; in default the private

respondent is at liberty to prepare the informal paper book.

Since all the respondents are represent, notice of appeal is waived.

List the appeal a fortnight hence.

There will be stay of the impugned judgment and order for a period

of 6 weeks from date or until further order whichever is earlier.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

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