SRI ANUTOSH BHAKTA Vs. THE KOLKATA MUNICIPAL CORPORATION AND ORS.
LAWS(CAL)-2018-7-278
HIGH COURT OF CALCUTTA
Decided on July 09,2018

Sri Anutosh Bhakta Appellant
VERSUS
The Kolkata Municipal Corporation And Ors. Respondents

JUDGEMENT

BISWANATH SOMADDER,J. - (1.) The Court : 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.) The instant appeal has been preferred against an interlocutory order passed by a learned Single Judge on 7th June, 2018. The impugned order was passed on an application preferred by the appellant herein, namely, Anutosh Bhakta, seeking to be added as a respondent in the writ proceeding. His application was dismissed in terms of the impugned order dated 7th June, 2018, wherefrom the instant Intra-Court mandamus appeal has been preferred. For convenience, the order dated 7th June, 2018 is reproduced hereinbelow in its entirety:- "This is an application for addition as respondent. The applicant apparently has the copy of the writ petition as the applicant has copied the entire cause title of the writ petition correctly. It is for the applicant to show the necessary amendments that are required to be carried out in the writ petition, if the prayer for addition is allowed. Such prayer is there in the application. The proposed amendments are shown in the present application. In the absence of the proposed amendments being shown, it would be proper to allow the applicant to be added as party respondent. In such circumstances, GA No. 1232 of 2018 is dismissed. No order as to costs."
(3.) The appeal was moved on an urgent basis, since, according to the appellant, he ought to have been granted leave to intervene by the learned Single Judge, otherwise he would be vitally prejudiced upon his property being partially demolished by the municipal authorities on 15th June, 2018 in execution of a demolition order dated 20th November, 2012 which was subsequently affirmed by the Municipal Building Tribunal in terms of its order dated 10th March, 2017.;


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