M/S. Leonine Estate Pvt Ltd And ORS v. The Kolkata Municipal Corporation And ORS

20.11.2024 S.D.

Ct. No. 26 M.A.T. 978 of 2023 M/s. Leonine Estate Pvt. Ltd. & Ors.

Vs Kolkata Municipal Corporation & Ors.

Mr. Srijib Chakraborty Mr. Bimalendu Das Mr. Aditya Mondal Mr. Shomrik Das ...For the appellant nos. 1,2,4,5,,6,7,9, 11,12,13,14 & 15 Mr. Sanjoy Bose Mr. Priyankar Basu Mallick Mr. Sayandeep Chanda ...For the appellants Appeal is at the behest of 18 companies.

Appeal is directed against an order dated April 20, 2023 passed in W.P.A. 17041 of 2021.

Appellants were the writ petitioners. Three interim applications were filed in such writ petition. Twelve companies who were arranged as writ petitioners claimed that they did not authorize filing of the writ petition. In such view, learned Single Judge found that since the locus of the deponent to move the writ petition on behalf of 18 companies was disputed, the writ petition cannot be entertained by the Court.

Dispute as to whether the deponent of the writ petitioner is entitled to represent 12 appellants continues till date in this appeal.

In any event, we find no material irregularity in the learned Single Judge exercising discretion in not entertaining a writ petition on behalf of the persons where the locus of the deponent of the writ petition is disputed. In such circumstances, M.A.T. 978 of 2023 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)