Biswanath Somadder, J. - (1.) Let the affidavit-of-service filed in Court today be taken on record. The appeal is treated as on day's list and taken up for consideration along with the connected applications.
(2.) The instant appeal has been preferred by the writ petitioner in W.P. 1574 (W) of 2018 against the judgment and order dated 7th June, 2018, passed by a learned Single Judge whereby her writ petition stood dismissed.
(3.) Perusing the impugned judgment and order we notice that the learned Single Judge before proceeding to dismiss the writ petition had proceeded to issue a direction upon the Executive Officer, South Dum Dum Municipality, being the respondent no. 3, to inspect the premises no. 43 Baguiati 3rd Lane, Kolkata 700 028 and submit a report with regard to the allegations made by the writ petitioner. Such report had been directed to file on the next date of hearing. However, in the latter part of the judgment, the learned Single Judge proceeded to dismiss the writ petition upon being pointed out by the learned advocate for the Municipality that the person concerned in respect of premises no. 43 Baguiati 3rd Lane, Kolkata 700 028, had not been made a party to the writ proceeding. Relevant portion of the impugned judgment and order is quoted hereinbelow: - "Learned Advocate for the petitioner seeks leave to add such party as a respondent. It is unfortunate that a writ petition is filed and the petitioner seeks relief with regard to property when the persons whose interest will stand affected by the orders passed in such writ petition are not made parties to such writ petition. It was for the petitioner at the first instance to make such persons parties in the writ petition. At this stage when the objection are taken and the facts are brought to the notice of the Court with the Court being made to pass an earlier order dated May 5, 2018, I do not think that, it would be in the interest of justice to permit such a writ petition to continue. W.P. 1574 (W) of 2018 is dismissed without any order as to costs.";