M/S. Community Development Medicinal Unit(Cdmu) v. State Of West Bengal And ORS.

19 31.07.2023 jb.

Jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1521 of 2023 M/s Community Development Medical Unit (CDMU)

Versus

State of West Bengal & Ors.

Mr. Kumar Shantanu ...for the Petitioner Mr. Subir Kr. Saha Mr. Pretom Das ...for the State Mr. Deborshi Dhar ...for the Siliguri Municipal Corporation Mr. Nabakumar Paul Mr. Abhishek Sarkar ... for the respondent No. 5 The order passed by the Commissioner, Siliguri Municipal Corporation on 6th July, 2023 is assailed in the writ petition.

The said order is amenable to appeal under Section of the West Bengal Municipal Corporation Act, 2006.

In view of the above, the writ petition is dismissed as not maintainable.

Liberty is granted to the petitioner to prefer statutory appeal against the said order.

In the event the petitioner files a statutory appeal within two weeks from date, the appellate authority shall deal with the appeal on merits

without dismissing the same on the ground of limitation.

There shall however, be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J)