Grand Smithy Works & ANR v. The Board Of Trustee For The Port Of Calcutta & ORS

January 4, 2021 ARDR (11) WPA 758 of 2012 Grand Samithy Works & anr.

Vs.

Board of Trustees for the Port of Kolkata & Ors. Mr. Bhoopesh Sharma ... for the petitioners.

Mr. Ashok Kumar Jana ... for the KOPT.

This writ petition has been pending since 2012. The matter has appeared in the list and the petitioner is represented by Mr. Sharma, Advocate. He prays for an adjournment. I find from the order sheet that the matter has been repeatedly adjourned on 11 March, 2020 and 16 March, 2020.

The respondent KOPT is represented and submits that the only challenge in the writ petition is to a notice dated 28 November, 2011 whereby the respondent had demanded interest @ 18% per annum. He further submits that subsequent to the filing of the writ petition the final eviction order has been passed and the petitioner has filed a fresh writ petition assailing the same. Counsel on behalf of the petitioner does not contradict the submission made on behalf of the respondent as to filing of the fresh writ petition and the

subsequent event of the final eviction order having been passed.

I have perused the writ petition and have heard the parties on merit.

The subsequent events which have been taken place after filing of writ petition leave no doubt in my mind that no useful purpose would be served in keeping this writ petition alive and it is evident that the petitioner is only interested in delaying the proceedings initiated by the respondent authorities.

Accordingly, WPA 758 of 2012 is dismissed. However, there will be no order as to costs.

(Ravi Krishan Kapur, J.)