Mal Municipality And ANR v. Shiv Ratan Agarwal And ORS

09.08.2024 JPD 1 Court No.29 (gc) In the Circuit Bench at Jalpaiguri RVW 5 of 2024 CAN 1 of 2024 Mal Municipality & Anr.

Vs.

Shiv Ratan Agarwal & Ors.

In MAT 81 of 2023 Mal Municipality & Anr.

Vs.

Shiv Ratan Agarwal & Ors.

Mr. Debojyoti Dutta, Mr. Sidhartha Banerjee, Mr. Amritam Mandal, Mr. Debasish Mukhopadhyay, Ms. Madhushri Dutta ...for the Applicants.

Mr. Mahim Sasmal, Mr. Suman Kumar Sikder ...for the Respondents.

1. Mr. Debojyoti Dutta, learned Counsel appearing on behalf of the applicants at the very outset has submitted that Paragraphs 49 and 74 are relevant for the purpose of present review and other paragraphs may be ignored.

2. The learned Counsel has also submitted that the memorandum of review shall be confined to Ground No.XLVII, although one ground contains two numerics.

3. Leave is given to correct the serial number of the grounds.

4. We feel that an opportunity should be given to the respondents/writ petitioners to file an affidavit restricted to the said paragraphs and the ground as, we are of the view that other averments made in the petition or the grounds cannot form review as very candidly and fairly submitted at the very outset and recorded earlier in this order.

5. The affidavit shall be filed within one week from date. Reply, thereto, if any, shall be filed within two weeks thereafter.

6. The matter shall be listed on 6th September, 2024 at 12.30 p.m.

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

(Soumen Sen, J.) (Partha Sarathi Sen, J.)