Abhijit Bhattacharya vs The Kolkata Municipal Corporation & Ors
2026 Latest Caselaw 2446 Cal/2

Calcutta High Court

Abhijit Bhattacharya vs The Kolkata Municipal Corporation & Ors on 30 March, 2026

OD- 2
                          IN THE HIGH COURT AT CALCUTTA
                        CONSTITUTIONAL WRIT JURISDICTION
                                  ORIGINAL SIDE.

                                      WPO/828/2025

                           ABHIJIT BHATTACHARYA
                                     VS
                  THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE
THE HON'BLE JUSTICE RAJA BASU CHOWDHURY
Date: 30th March, 2026
                                                                                 Appearance
                                                                    Mr. Joydeep Kar, Sr. Adv.
                                                               Mr. Arindam Banerjee, Sr. Adv.
                                                                      Md. Dilawar Khan, Adv.
                                                                   Mr. Supriyo Banerjee, Adv.
                                                                   Mr. Autorup Banerjee, Adv.
                                                                            ...for the petitioner
                                                                  Mr. Nilotpal Chatterjee, Adv.
                                                               Mr. Anupam Dasadhikari, Adv.
                                                                                  ..for the KMC
                                                                Mr. Lalit Mohan Mahato, AGP
                                                                         Mr. Ziaul Haque, Adv.
                                                                                ...for the State

1.

Mr. Mahato, learned Additional Government Pleader prays for accommodation to

take appropriate instruction. He submits for reason of ensuing election, the officers of

the State may not regularly available.

2. Mr. Chatterjee, learned Advocate representing the KMC would, however, insist

that although he has filed a report, the municipality did not forfeit the right to file an

affidavit. As such, he prays for leave to file an affidavit.

3. Mr. Kar, learned senior Advocate representing the petitioner would, however, raise

a serious objection and submit that though the matter has been pending since 11th

December, 2025, the municipality has not once prayed for leave to file affidavit-in-

opposition.

4. Having heard the learned Advocates appearing for the respective parties and

considering the submissions, I am of the view that though the prayer of the municipality

does not appear to be justified since the aforesaid prayer has been made today for the

first time after the matter has been heard on at lease, four several occasions, for the

ends of justice, liberty is given to the municipality to use an opposition. Accordingly, let

affidavit-in-opposition be filed within a period of 10 days from date; reply thereto, if any,

be filed on or before the matter is taken up next.

5. List this matter on 23rd April, 2026.

(RAJA BASU CHOWDHURY, J.)

akg/