KAMALA CHAKRABORTY & ANR Vs. MUKTI SINGHA & ORS
LAWS(CAL)-2018-8-44
HIGH COURT OF CALCUTTA
Decided on August 08,2018

Kamala Chakraborty And Anr Appellant
VERSUS
Mukti Singha And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) Let the affidavits of service filed in Court today be taken on record. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) This appeal arises in respect of an order dated 10th July, 2018, passed by a learned Single Judge in WP 29389 (W) of 2014 (Smt. Mukti Singha vs. Baranagar Municipality & Ors.). By the said order, the writ petition stood disposed of with a direction upon Baranagar Municipality to complete the proceedings in terms of section 218 of the West Bengal Municipal Act, 1993, within a certain timeframe. The appellants before this Court were the private respondent nos. 7 and 6, respectively, in the writ proceeding.
(3.) Our attention has been drawn to an order dated 15th February, 2017, in a writ petition, being WP 2007 (W) of 2017, which was filed by Kamala Chakraborty against Baranagar Municipality & Ors. In the said order dated 15th February, 2017, a specific direction was given by the Court to have that writ petition tagged with the writ petition, being WP 29389 (W) of 2014. There was a further direction passed by the learned Single Judge to the effect that both the writ petitions would be decided analogously. However, while disposing of the writ petition, being WP 29389 (W) of 2014, the attention of the learned Single Judge, perhaps, was not drawn to the order dated 15th February, 2017, passed in WP 2007 (W) of 2017. Since the order dated 15th February, 2017, was quite specific, we are of the view that WP 29389 (W) of 2014 ought to have been disposed of analogously with WP 2007(W) of 2017.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.