Sri Banamali Samui vs The Kolkata Municipal ...
2023 Latest Caselaw 3924 Cal

   D/L
Item No 20
19.06.2023

KOLE FMA 788 of 2019 With IA No. CAN 1 of 2019 (Old No. 8828 of 2019)

Sri Banamali Samui

-Vs.-

The Kolkata Municipal Corporation & Ors.

Ms. Susmita Dey (Basu) ... for the appellant.

Mr. Alok Kr. Ghosh, Mr. Swapan Kr. Debnath, ... for the KMC.

The original of CAN 1 of 2019 (Old No. 8828 of 2019)

is not available in the records. The Department has given a

note that the same could not be traced. Let two

authenticated copies of CAN 1 of 2019 (Old No. 8828 of

2019) be made available to our Court Officer in course of the

day, to be retained with the records.

A judgment and order dated October 4, 2018,

whereby the appellant's writ petition being WP No. 18727

(W) of 2018 was disposed of, is under challenge in this

appeal.

We fail to see how the appeal is maintainable. The

order assailed reads as follows:-

"Learned advocate appearing for the petitioner seeks leave to withdraw the writ petition and to file the same on the self- same cause of action before the appropriate forum.

The Corporation Authority is represented.

In such circumstances, W.P. No. 18727 (W) of 2018 is dismissed as withdrawn with the liberty as prayed for."

The learned Judge decided no right of the writ

petitioner. In any event, the writ petitioner having

withdrawn the writ petition with liberty file afresh before the

appropriate forum, he cannot challenge such order.

Learned Advocate for the appellant says that the writ

petitioner's only prayer is for consideration of his

representation made to the concerned officer in the Kolkata

Municipal Corporation. The corporation not having

considered such representation, the appellant had

approached the learned Single Judge. That was the

appropriate forum. There must have been some deficiency

on the part of learned Advocate in assisting the learned

Judge.

We have noted the above submission of the appellant.

However, we are unable to entertain this appeal.

Accordingly, the appeal and the connected application

are dismissed without any order as to costs.

However, this will not prevent the appellant from

approaching the learned Single Judge by way of an

appropriate application if the appellant is entitled to do so in

law.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)