The Kolkata Municipal ... vs Smt. Nilanjana Biswas And Ors
2023 Latest Caselaw 2810 Cal/2

                                                          OD- 11 to 13
                 IN THE HIGH COURT AT CALCUTTA
                  CIVIL APPELLATE JURISDICTION
                          ORIGINAL SIDE


                       RVWO/26/2016
               GA/2/2016(Old No. GA/2170/2016)
        THE KOLKATA MUNICIPAL CORPORATION AND ORS.
                             VS
              SMT. NILANJANA BISWAS AND ORS.
                            WITH
                        APO/73/2015

        THE KOLKATA MUNICIPAL CORPORATION AND ANR.
                            VS
                SRI KALYAN BISWAS AND ORS.
                           WITH
                       WPO/293/2012
                     NILANJANA BISWAS
                            VS.
           KOLKATA MUNICIPAL CORPORATION & ORS


                                                             Appearance:
                                             Mr. Raghunath Chakraborty.
                                                                Advocate
                                               Ms. Amrita De, Advocate.
                                                    ...for the Appellants.

BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
The Hon'ble JUSTICE APURBA SINHA RAY
Date: October 5, 2023.



      THE COURT: This review application is directed against a

judgment   and    order   dated   November   23,     2015      whereby

APO/73/2015 was disposed of by a co-ordinate Bench.
                                      2




       The review applicants had approached the learned single Judge

challenging an order of the Municipal Commissioner. The learned single

Judge passed an order in favour of the writ petitioner. Kolkata Municipal

Corporation   preferred    an   appeal   against   the   said   order   being

APO/73/2015. The appeal was disposed of by the order under review,

which reads as follows:

              "The Court: The order under challenge is clearly wrong
       and is set aside.
              After the order was dictated, Mr. Bihani, learned
       Advocate for the writ petitioner/respondent submitted that the

appellant Kolkata Municipal Corporation should be directed to consider the prayer of the writ petitioner contained in the letter dated 2nd March, 2011, a copy whereof is at page 97 of the stay petition.

Mr. Ghosh, learned Advocate submitted that this prayer was never pressed. Therefore, the Corporation had no occasion to consider the same.

Be that as it may, the Corporation is directed to consider the prayer in accordance with law and to pass a reasoned order within six weeks from date."

Learned Advocate for the Kolkata Municipal Corporation says that

this review application has become infructuous. Pursuant to the order of

the Division Bench, the representation of the review applicants was

considered by the competent authority in KMC. Challenging the order by

which the representation was disposed of, the present review applicants

filed a writ petition and that writ petition was dismissed and an appeal

arising therefrom is pending before this Court along with an application

under Section 5 of the Limitation Act.

Let that appeal and the connected application be listed

immediately after this review application on October 11, 2023.

(ARIJIT BANERJEE, J.)

(APURBA SINHA RAY, J.) dg/