Biswanath Somadder, J. - (1.) In re: CAN 631 of 2017.
(2.) The applicant in CAN 631 of 2017, namely, M/s. Uma Shankar Trades Limited, has sought leave to prefer an appeal against an order dated 26th September, 2016, passed by a learned Single Judge in WP 9410 (W) of 2016, primarily on the ground that even though the writ petitioners are their tenants in respect of the premises-in-question and the applicant had filed a civil suit before the learned 4th Civil Judge (Junior Division) at Alipore, being Title Suit No.128 of 2015, praying, inter alia, for a declaration that the suit premises, being a heritage property, the tenants were bound to follow the rules as laid down by the Heritage Conservation Committee and to use the suit premises for residential purposes only, the writ petitioners obtained the impugned order without even making them party to the writ proceeding.
(3.) Since it is quite evident that by virtue of the impugned order, the writ petitioners have been permitted to do certain works, as mentioned in a letter of the Director General (PMU) of the Kolkata Municipal Corporation dated 27th July, 2016, notwithstanding the fact that the applicant, M/s. Uma Shankar Trades Limited, had a civil suit pending against their tenants, being the writ petitioners, which centers around common issues regarding the same premises, this Court is of the view that leave is required to be granted to the applicant to prefer an appeal against the impugned order dated 26th September, 2016.;