Shyamali Mallick @ Shyamal Mallick v. The Kolkata Municipal Corporation And Others

S/L 2 21.02.2022 Court. No. 19 GB W.P.A. 3009 of 2022 Shyamali Mallick @ Shyamal Mallick VS The Kolkata Municipal Corporation & Ors.

Mr. Saptansu basu, Mr. Debashis Saha, Ms. Namrata Chatterjee.

... for the Petitioner.

Mr. Debjit Mukherjee, Mr. Anand Fermania.

... for the K.M.C.

On the self-same cause of action, the same petitioner moved another writ petition praying for similar reliefs. The factum of filing of this writ petition was suppressed. When the matter was moved on an urgent basis and an interim order was sought for in the earlier writ petition being WPA 2981 of 2022, neither the petitioner nor the learned advocate for the petitioner, who moved the said writ petition brought it to the notice of the Court that a similar writ petition has been filed. On the mentioning of the learned advocate for the Corporation, the writ petition has been listed. Mr. Basu learned Senior Advocate prays that the writ petition be allowed to be withdrawn. Prayer allowed subject to payment of costs of Rs.5,000/- to be paid to the Kolkata Municipal Corporation by the petitioner, for abusing the process of court and for suppression. The petitioner took a chance by filing two writ petitions before this Court without disclosing the actual facts. This is also forum shopping. Dismissed as withdrawn.

Parties are directed to act on the basis of the learned advocates' communication.

(Shampa Sarkar, J.)