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Calcutta High CourtMAT/1155/2024disposed

Gokul Ghosh v. The Kolkata Municipal Corporation And ORS

2024-09-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

03.09.2024 Sl. No.27 akd M. A. T. 1155 of 2024 (CAN 1 of 2024) [Gokul Ghosh -Vs- The Kolkata Municipal Corporation & Ors.] Mr. Sourav Sen Ms. Adrisnata Chakraborty ... ... for the appellant Ms. Tanushree Dasgupta Ms. Paroma Sengupta ... ... for the KMC

1. The order dated 16.05.2024 is an interlocutory one whereby prayer for interim relief was rejected.

2. From the averments in the stay application and annexures thereto we find that legality of cancellation of the appellant's licence has been assailed in the writ petition. Interim relief in the form of revival of the licence at the interim stage would amount to grant of final relief itself.

3. Hon'ble Single Judge was justified in refusing such relief at the interlocutory stage. Hence, no interference is called for.

4. In view of the aforesaid, appeal is disposed of.

5. In view of disposal of the appeal, connected application being CAN 1 of 2024 is also disposed of.

6. All issues are kept open.

7. Interim order, if any, shall stand vacated.

8. There shall be no order as to costs.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)