Vs. the K.M.C. and ors.R

Type Court Judgment Court Kolkata Decided Dec 07, 2012

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https://sooperkanoon.com/case/1061457

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Citation: sooperkanoon.com/1061457
Court: Kolkata High Court
Judge: Jyotirmay Bhattacharya
Decided On: Dec 07, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Respondent

The K.M.C. and ors.R

Excerpt

.....no.163, park street, kolkata-16. the petitioners who are the owners of the said property, have filed the instant writ petition praying for issuance of direction upon the municipal authority for early disposal of the said demolition proceeding. this court is informed by mr.ghosh learned advocate appearing for the respondent no.8 that the said demolition proceeding was disposed of by the special officer (building).k>m>c. on 21.10.2009 by allowing his client to retain the illegal construction subject to compliance of certain formalities and payment of penalty. having regard to the fact that the said demolition proceeding has already been disposed of by the special officer (building) on 21.10.2009, this court holds that no further direction need be passed in this writ petition for early disposal of the said demolition proceeding. the writ petition stands rejected. in wp no.23373(w) of 2009 : after hearing the learned advocates of the parties and after considering the materials on record, this court feels that the dispute which is involved in the writ petition is required to be considered accordingly, leave after is exchange granted to of affidavits between the the respondent to affidavit-in- file parties. opposition to this writ petition within two weeks after reopening of court after the christmas vacationl; reply, if any, be filed by the petitioner within a week thereafter. let this matter be listed for hearing four weeks after reopening of court after the christmas vacation. the matter is heard in part. all parties concerned are to act on a photostat signed copy of this order on usual undertaking. (jyotirmay bhattacharya, j.) msen

Full Judgment

ORDER

SHEET WP No.133 of 2010 CAN No.3858 of 2012 With WP No.23373(w) of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KAISER SULTANA & ANR.

Petitioner Versus THE K.M.C.& ORS.Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :

7. h December, 2012.

For Petitioner : Mr.Arik Banerjee, Advocate in WP No.133 of 2010 Mr.Alak Kumar Ghosh, Advocate in WP No.23373(w)/2009 For Respondents : Mr.Achinta Banerjee, Advocate Mr.Swapan Kumar Debnath, Advocate Ms.Ira Ghosh, Advocate The Court : In WP No.133 of 2010 : A demolition proceeding being Build./BR/iv’1802/09-10 was initiated by the Municipal Authority of Kolkata Municipal Corporation in respect of unauthorised and illegal construction made by the private respondent No.8 on Premises No.163, Park Street, Kolkata-16.

The petitioners who are the owners of the said property, have filed the instant writ petition praying for issuance of direction upon the Municipal Authority for early disposal of the said demolition proceeding.

This Court is informed by Mr.Ghosh learned Advocate appearing for the respondent No.8 that the said demolition proceeding was disposed of by the Special Officer (Building).K>M>C.

on 21.10.2009 by allowing his client to retain the illegal construction subject to compliance of certain formalities and payment of penalty.

Having regard to the fact that the said demolition proceeding has already been disposed of by the Special Officer (Building) on 21.10.2009, this Court holds that no further direction need be passed in this writ petition for early disposal of the said demolition proceeding.

The writ petition stands rejected.

In WP No.23373(w) of 2009 : After hearing the learned Advocates of the parties and after considering the materials on record, this Court feels that the dispute which is involved in the writ petition is required to be considered Accordingly, leave after is exchange granted to of affidavits between the the respondent to Affidavit-in- file parties.

opposition to this writ petition within two weeks after reopening of Court after the Christmas vacationl; reply, if any, be filed by the petitioner within a week thereafter.

Let this matter be listed for hearing four weeks after reopening of Court after the Christmas vacation.

The matter is heard in part.

All parties concerned are to act on a Photostat signed copy of this order on usual undertaking.

(JYOTIRMAY BHATTACHARYA, J.) msen

Same Court & Year Kolkata · 2012 Same Parties vs The K.M.C. and ors.R Same Subject Education Same Judge Jyotirmay Bhattacharya