Atanu Das v. Municipal Commissioner Bidhannagar Municipal Corporation And ORS

Item No. 15 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 19.09.2022 Ct-24 WPA 17341 of 2021 Atanu Das v.

The Municipal Commissioner, BMC & Ors.

Mr. Arunava Ghosh Mr. Ayan Mitra Mr. Chandan Mondal ... for the petitioner.

Mr. Indranil Roy Mr. S.K. Roy ... for Dr. Sumit Chowdhury, Intervenor.

Mr. Rahul Karmakar Mr. Saunak Mukherjee ... for the respondent nos. 4 & 5.

Mr. Tarak Karan ... for the State.

Mr. Sirsanya Bandopadhyay Mr. Arka Kumar Nag Mr. Tirthankar Dey ... for BMC.

The appearance of the learned advocates for the Bidhannagar Municipal Corporation was erroneously not recorded in the order dated September 9, 2022. Be it recorded that the learned advocates appeared on behalf of the Bidhannagar Municipal Corporation on September 9, 2022.

It appears from the submissions made on behalf of the parties and upon perusal of the cause title of the writ petition that there are several incurable defects.

Leave has been sought for by the learned advocate for the petitoner to withdraw the writ petition with liberty to file afresh.

The said prayer of the petitioner seeking liberty to file afresh has been strongly opposed by the learned advocate representing the Intervenor, Dr.

Sumit Chowdhury.

As the Court is not deciding the matter on merits the Court is not considering the submission that has been advanced by the learned advocate of the Intervenor. The present writ petition stands withdrawn.

The petitioner will be at liberty to file fresh writ petition upon proper and better particulars.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)