Pradip And Kumdum Ghosh Family Foundation v. Panihati Municipality And ORS

Dd 4-5 02.12.2024 (ML) MAT/1740/2023 With IA NO: CAN/1/2023 PRADIP AND KUMDUM GHOSH FAMILY FOUNDATION VS.

PANIHATI MUNICIPALITY AND ORS.

With COT/1/2024 RAMAKRISHNA VIVEKANANDA MISSION VS.

PRADIP AND KUKKUM GHOSH FAMILY FOUNDATION AND ORS.

Mr. Arindam Banerje, Mr. Chayan Guptal, Mr. Souryadeep Banerjee, Mr. Dwip Raj Basu, Ms. Mohini Mazumdar, Advocates ... ... For the Appellant Mr. Rabindra Narayan Dutta, Mr. Soumyadip Bhatta, Advocates ... ... For the Panihati Municipality Mr. Biswaroop Bhattacharya, Mr. Vivekananda Bose, Mr. Lokenath Chatterjee, Mr. Jaydeb Ghorai, Mr. Diptesh Ghorai, Advocates .. ...For Ramkrishna Vivekananda MIssion

1. Appeal is directed against an order dated June 22, 2023 passed by WPA 455 of 2018.

2. There is a counter objection in the appeal.

3. By consent of both the parties, both the appeal and cross-objection are taken up for final hearing.

4. Learned advocate appearing for the appellant submits that, his client received the documents Signed By :

DEBABRATA DAS High Court of Calcutta 3 rd of December 2024 11:08:19 AM

subsequent to filing of the appeal and, therefore, at the present stage the appeal is infructuous.

5. In such circumstances, MAT/1740/2023 along with connected application are disposed of as infructuous without any order as to costs.

6. Learned advocate appearing for the cross-objector submits that, the writ petitioner is not a citizen of India. He contends that the writ petitioner is without any right, title and interest in respect of the immovable property concerned. He questions the maintainability of the writ petition at the behest of the writ petitioner.

7. We find from the records that the issue as to whether, the writ petitioner is without any right, title and interest with regard to the immovable property or that the writ petition is not maintainable at his instance was not decided by the impugned order. We need not enter into such arena in appeal at the behest of the cross objector since the appeal is infructuous at this stage and such issue was not decided by the learned single Judge. Such issue is kept open to be decided in an appropriate proceeding.

8. COT/1/2024 in MAT/1740/2023 is disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 3 rd of December 2024 11:08:19 AM