Suprabhat Basu vs The State Of West Bengal & Ors
2023 Latest Caselaw 6808 Cal

      2.
05-10-2023

(Ct. no.06) debajyoti IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction APPELLATE SIDE

MAT 1973 of 2023 + IA NO:CAN/1/2023

Suprabhat Basu Vs.

The State of West Bengal & Ors.

Mr. Raghunath Chakraborty, Mr. Swarvanu Saha, Ms. Nandini Chatterjee ... For the Appellant.

Mr. Dwijadas Chakraborty, Mr. Sundar Gopal Bhattacharyya ... For K.M.C.

This appeal is directed against a judgment and order dated September 29, 2023, whereby the appellant's writ petition has been dismissed and Kolkata Municipal Corporation has been directed to demolish the alleged unauthorized construction in question which, the appellant claims, is a Thika property.

Although the order was passed on September 29, 2023, both learned advocates for the appellant and Kolkata Municipal Corporation say that the order is not yet available on the server. Hence, no copy of the order could be produced before us. Be it noted, that in view of the urgency pleaded, we had granted leave to file this appeal even without a server copy.

Since an appeal has been filed, it is appropriate that we have a look at the order impugned before

passing any order on merits. Let no effect be given to the order impugned till October 10, 2023.

Let this matter be listed again on October 09, 2023 at the top of the "Applications".

The appellant shall ensure that by the next date, the Thika Controller is served with the appeal papers.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)