Soma Gayen Halder v. Diamond Harbour Municipality And ANR

05.12.2022 Item No.11.

Court No.6.

AB M.A.T. 1462 of 2022 With I A CAN 1 of 2022 I A CAN 2 of 2022 Soma Gayen (Halder) Vs Diamond Harbour Municipality & Anr.

Mr. Sahid Uddin Ahmed, Mr. Anupam Bar ...for the Appellant.

Mr. Shyama Prasad Purkait, Ms. Moumita Mandal ....for the Municipality. Affidavit of Service filed in Court today be kept with the records.

In re : IA CAN 1 of 2022 This is an application for condonation of delay of 598 days in filing the appeal. Causes shown being sufficient, the delay is condoned.

I A CAN 1 of 2022 is, accordingly, disposed of. In re : MAT 1462 of 2022, IA CAN 2 of 2022 This appeal is directed against an order dated July 6, 2018, which was interim in nature, declining to pass an interim order in favour of the appellant/writ petitioner. By the said order, direction was given for exchange of affidavits.

We are told that subsequently, the writ petition itself has come to be disposed of by a Judgment and Order dated 21.08.2018.

In view of the aforesaid, nothing remains in this appeal, which has become infructuous. The appellant would surely be entitled to challenge the final order, but she says that she is not aggrieved by the final order.

M.A.T. No.1462 of 2022 stands disposed of along with IA CAN 2 of 2022.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after compliance with all the necessary formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)