Anandlok Welfare Association And Anr vs The Kolkata Municipal Corporation And ...
2025 Latest Caselaw 2282 Cal/2

Calcutta High Court

Anandlok Welfare Association And Anr vs The Kolkata Municipal Corporation And ... on 25 April, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD 1 and 2

                   IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                            ORIGINAL SIDE

                           RVWO/17/2024
                           ARISING OUT OF
                            APO/29/2022
                                WITH
                           RVW/360/2024
                             CAN/2/2025

                          IA NO: GA/1/2024

               ANANDLOK WELFARE ASSOCIATION AND ANR.
                                 VS
             THE KOLKATA MUNICIPAL CORPORATION AND ORS.
                                AND
                           RVWO/18/2024
                          ARISING OUT OF
                            APO/28/2022
                                WITH
                           RVW/360/2024
                            CAN/2/2025

                          IA NO: GA/1/2024

               ANANDLOK WELFARE ASSOCIATION AND ANR.
                                 VS
             THE KOLKATA MUNICIPAL CORPORATION AND ORS.

   BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE

  The Hon'ble JUSTICE APURBA SINHA RAY
  Date : 25th April, 2025.



                                                            Appearance:
                                         Mr. Arindam Banerjee, Sr. Adv.
                                            Mr. Nirmalya Dasgupta, Adv.
                                                    Mr. R. L. Mitra, Adv.
                                                   Mr. Arnab Sinha, Adv.
                                                 Mr. Amartya Basu, Adv.
                                   ...for the review applicants/appellants
                                      2


                                                 Mr. Abhrajit Mitra, Sr. Adv.
                                            Mr. Soumya Roychowdhury, Adv.
                                             Mr. Sarvapriya Mukherjee, Adv.
                                            Mr. Satadeep Bhattacharya, Adv.
                                                   Mr. Samriddha Sen, Adv.
                                                    Mr. Surajit Biswas, Adv.
                                                       Mr. Arijeet Bera, Adv.
                                                    Mr. Awani Kr. Roy, Adv.
                                                   ...for the respondent no.6

Mr. Biswajit Mukherjee, Adv.

Mr. S. K. Debnath, Adv.

...for the KMC

Re.:RVW/360/2024 with CAN/2/2025

The Court: This review application is directed against a judgment and

order dated March 14, 2024, as corrected by an order dated April 10, 2024,

whereby three appeals including MAT/617/2023 were disposed of.

After the three appeals were disposed of, the matter was mentioned

on behalf of the appellants saying that the concerned judgment and order

deals only with the two Original Side appeals. The Appellate Side appeal has

not been dealt with.

It was in that context we recorded in the order dated April 10, 2024,

that the judgment and order dated March 14, 2024 also disposed of

MAT/617/2023.

In this review application, the primary grievance of the review

applicants is that the Appellate Side appeal being MAT/617/2023 was never

really heard and we had heard out only the other two appeals on the Original

Side.

Learned advocate for the respondent nos. 8 and 9 strongly disputes

the submission made on behalf of the review applicants. He says that all

three matters were heard together and notes of arguments were also filed in

connection with MAT/617/2023. The grievance of the review applicants is

baseless.

To cut the matter short, we detag MAT/617/2023 from the other two

appeals and we direct it to be listed again on May 2, 2025 for being heard

and being disposed of by a separate judgment and order.

The review application being RVW/360/2024 and the connected

application being CAN/2/2025 are disposed of accordingly.

Re.:RVWO/17/2024 AND RVWO/18/2024

List these matters once again on May 2, 2025.

Pendency of these review applications will in no manner be construed

as any kind of stay of operation of the judgment and order under review.

(ARIJIT BANERJEE, J.)

(APURBA SINHA RAY, J.)

kc