JHARNA MAULIK & ORS Vs. KHALIL AHMED & ANR
LAWS(CAL)-2017-9-73
HIGH COURT OF CALCUTTA
Decided on September 12,2017

Jharna Maulik And Ors Appellant
VERSUS
Khalil Ahmed And Anr Respondents

JUDGEMENT

HARISH TANDON,J. - (1.) The matter is listed again on the mentioning of Mr. Banerjee, learned Senior Advocate appearing on behalf of the Corporation for a further direction on the basis of the subsequent decision taken by the Corporation. It is submitted by him that the Corporation have decided to acquire the property in question and, therefore, the order to which the petitioner has complained non-compliance is to remain in suspended animation. According to Mr. Banerjee, a huge amount of money has been spent to construct the fencing and the display board and if the order is carried out with its full force and rigour, it would enure the wastage of public money. The money can be saved if the operation of the order is suspended till the acquisition.
(2.) In course of hearing it has been brought to the notice of this Court that non-parties to the writ petition has approached the Division Bench of this Court challenging the order dated 16th May, 2017 and the said appeal is likely to be listed day after tomorrow.
(3.) Being emboldened by the aforesaid subsequent facts, Mr. Banerjee prays for deferment of the instant writ petition for at least two days so that the fate of the said appeal would be known to the parties. In the other words, Mr. Banerjee wanted to postpone the implementation of the said order for the time being and invited the Court to await till the Division Bench entertains the appeal and passes any appropriate order touching the said property.;


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