Selvel Advertising Private Limited and anr. Vs. the Kolkata Municipal Corporation and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1133967
CourtKolkata High Court
Decided OnMar-10-2014
JudgeSOUMITRA PAL
AppellantSelvel Advertising Private Limited and anr.
RespondentThe Kolkata Municipal Corporation and ors.
Excerpt:
order sheet wp no.208 of 2014 in the high court at calcutta constitutional writ jurisdiction original side selvel advertising private limited & anr. versus the kolkata municipal corporation & ors.before: the hon'ble justice soumitra pal date : 10th march, 2014. appearance: mr.saptangshu basu, adv.mr.joyjit ganguly, adv.mr.agniswar chowdhury, adv.mr.aloke kr. ghosh, adv.mr.gopal ch. das, adv.ms.piyali sengupta, adv.the court : it was submitted by mr.basu, learned senior advocate for the petitioner that though representation was submitted before the chief manager (revenue).kolkata municipal corporation, the respondent no.9 pursuant to the order dated 20th january, 2014, in w.p.no.21 of 2014, however, the said respondent is yet to dispose of the same by passing a reasoned order though direction was issued to pass order within 28th february, 2014. submission is till date corporation has not made it clear whether there are dues or not with regard to display of advertisements. since no due certificate has not been issued, for that reason, the petitioners are unable to participate in the notice inviting tender for display of advertisement, which is going to close today. mr.ghosh, learned advocate appearing for the corporation submits that the chief manager (revenue).kolkata municipal corporation could not dispose of the matter as the representation filed was not in accordance with the directions contained in the order dated 20th january, 2014 and the petitioners were in continuous process of dialogue as evident from the letter dated 4th march, 2014. submission is as the petitioners are yet to pay cumulative outstanding dues of eight years.no reasoned order could be passed. heard parties. i, prima facie, find that there was no bar on the part of the chief manager (revenue).kolkata municipal corporation, the respondent no.4, to pass the reasoned order within the time frame as directed in the order dated 20th january, 2014 in w.p.no.21 of 2013 and today is the last date for submission of tender. in view of the above, the petitioners are at liberty to submit the tender before the chief manager (revenue).kolkata municipal corporation, the respondent no.4, by 1 pm tomorrow i.e.11th march, 2014 without prejudice to the rights and contentions of the parties and subject to further orders that may be passed. let the matter appear as ‘court application’ on 13th march, 2014. till that date the tenders be not opened. urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (soumitra pal, j.) cs
Judgment:

ORDER

SHEET WP No.208 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SELVEL ADVERTISING PRIVATE LIMITED & ANR.

Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 10th March, 2014.

Appearance: Mr.Saptangshu Basu, Adv.Mr.Joyjit Ganguly, Adv.Mr.Agniswar Chowdhury, Adv.Mr.Aloke Kr.

Ghosh, Adv.Mr.Gopal Ch.

Das, Adv.Ms.Piyali Sengupta, Adv.The Court : It was submitted by Mr.Basu, learned senior advocate for the petitioner that though representation was submitted before the Chief Manager (Revenue).Kolkata Municipal Corporation, the respondent no.9 pursuant to the order dated 20th January, 2014, in W.P.No.21 of 2014, however, the said respondent is yet to dispose of the same by passing a reasoned order though direction was issued to pass order within 28th February, 2014.

Submission is till date Corporation has not made it clear whether there are dues or not with regard to display of advertisements.

Since no due certificate has not been issued, for that reason, the petitioners are unable to participate in the notice inviting tender for display of advertisement, which is going to close today.

Mr.Ghosh, learned Advocate appearing for the Corporation submits that the Chief Manager (Revenue).Kolkata Municipal Corporation could not dispose of the matter as the representation filed was not in accordance with the directions contained in the order dated 20th January, 2014 and the petitioners were in continuous process of dialogue as evident from the letter dated 4th March, 2014.

Submission is as the petitioners are yet to pay cumulative outstanding dues of eight yeaRs.no reasoned order could be passed.

Heard parties.

I, prima facie, find that there was no bar on the part of the Chief Manager (Revenue).Kolkata Municipal Corporation, the respondent no.4, to pass the reasoned order within the time frame as directed in the order dated 20th January, 2014 in W.P.No.21 of 2013 and today is the last date for submission of tender.

In view of the above, the petitioners are at liberty to submit the tender before the Chief Manager (Revenue).Kolkata Municipal Corporation, the respondent no.4, by 1 pm tomorrow i.e.11th March, 2014 without prejudice to the rights and contentions of the parties and subject to further orders that may be passed.

Let the matter appear as ‘Court Application’ on 13th March, 2014.

Till that date the tenders be not opened.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SOUMITRA PAL, J.) cs