Tapan Roy Paul v. Firohad Hakim Mayor Kmc And ORS

20.02.2025 Ct. No.29 pg/RUP

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION APPELLATE SIDE CPAN 1829 of 2024 in MAT 1221 of 2023 Tapan Roy Paul Vs.

Firhad Hakim, The Mayor, Kolkata Municipal Corporation & Ors.

Mr. Achut Basu Mr. Bharat Chandra Semai Mr. S. Sinha Roy Mr. Srikumar Chakraborty Mr. Anirban Saha ... For the applicant/appellant Mr. Alak Kumar Ghosh Ms. Manisha Nath ... For the alleged contemnors Dictated by Arijit Banerjee, J.

1.

Affidavit of exception filed by the appellant be kept with the records.

2.

Read order dated February 13, 2025.

3.

We already recorded in the order that in view of the Special Officer (Building) having passed an order dated June 10, 2024, which was approved by the Mayor-inCouncil of the Kolkata Municipal Corporation on November 6, 2024, nothing survives in this contempt application.

4.

It is true that there has been delay in complying with this Court's order. Mr. Ghosh, learned counsel

appearing for the alleged contemnors has tendered unqualified apology for the delay and says that the same was completely unintentional and because of systemic reasons. We accept such apology. We see no reason to keep this contempt application pending which, accordingly, stands disposed of.

5.

Needless to say, if the appellant is aggrieved by the order dated June 10, 2024, passed by the Special Officer (Building), Kolkata Municipal Corporation, he will be at liberty to challenge the same before the appropriate forum in accordance with law.

6.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

7.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

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