Kamala Mondal v. Dr. Syamal Kumar Lahiri And ORS

3.

18-04-2024 (Ct. no.06) debajyoti

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction APPELLATE SIDE MAT 687 of 2024 + IA NO:CAN/1/2024 + CAN/2/2024 Kamala Mondal Vs.

Dr. Syamal Kumar Lahiri & Ors.

Mr. Jishnu Choudhury, Mr. Aritra Basu, Mr. Shoham Sanyal ... For the Appellant.

Mr. Dibyayan Banerji, Mr. Abhrajit Roy Chowdhury, Mr. Nayan Biswas ... For Respondent No.1.

Mr. Somnath Ganguli, learned A.G.P., Ms. Priyamvada Singh ... For the State & EKWA.

Mr. Nilotpal Chatterjee ... For Respondent No.4.

Re : CAN/2/2024 An order dated March 06, 2024 passed in WPA No.17901 of 2023 being a writ petition filed by the respondent no.1 herein, is sought to be challenged by the present applicant. The applicant seeks leave to prefer appeal against the said order as she is not a party to the writ petition.

By the order sought to be impugned, the learned Judge has directed disconnection of electric supply to all constructions made on the East Kolkata Wetlands. The applicant says that she purchased the property in question in 2020 and she will be gravely prejudiced

and inconvenienced if electric connection to her property is discontinued.

We are of the view that the applicant should approach the learned Single Judge and urge her case before Her Ladyship. The writ petition is pending. It has been directed to be listed on April 29, 2024. We are not inclined to interfere or grant leave to the applicant to prefer appeal against the order dated March 06, 2024 on the various grounds that the applicant seeks to urge before us, since such grounds were not urged before the learned Single Judge. We, accordingly, dismiss this application and consequently, the appeal and the connected application for stay, leaving it open to the applicant to approach the learned Single Judge with an appropriate application. The applicant herein would be at liberty to urge all points available to her in law, before the learned Single Judge including the point of jurisdiction.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)