Aditya Birla Fashion And Retail Limited And ANR v. The Kolkata Municipal Municipal Corporation And ORS

O-3 ORDER SHEET WPO No.127 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ADITYA BIRLA FASHION AND RETAIL LIMITED & ANR.

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 4th March, 2024.

Appearance:

Ms. Vineeta Meheria, Adv.

Mr. Soumava Mukherjee, Adv.

Mr. Arjun Mukherjee, Adv.

Mr. Subhankar Chatterjee, Adv.

....for the Petitioners.

Mr. Alak Kumar Ghosh , Adv.

Mr. Swapan Kr. Debnath, Adv.

....for KMC.

The Court:-The petitioners are aggrieved by the notice for removal of the unauthorized LED/Glow Sign Boards at the top/front/facade of the store of Pantaloons, 150A, Beliaghata Main Road by the Inspector (Advertisement Department) of the Kolkata Municipal Corporation on 28.11.2023.

An objection vide letter dated 01.12.2023 filed before the said authority by the addressee is pending consideration till date. It has been submitted by the petitioners that the very imposition of demand is bad in law and liable to be set aside. Without going into the merit of the claim of the petitioners, as it appears that an objection is already pending consideration before the Inspector (Advertisement) for a considerable period of time and no steps have been taken by the said officer to decide the issue, accordingly, the Court directs the Chief Manager (Advertisement) to decide the objection filed by the petitioners in accordance with law after giving reasonable opportunity of hearing to the representative of the petitioners at the earliest but positively within a period of four weeks from the date of

communication of this order. A reasoned order shall be passed and communicated to the parties immediately thereafter. The department of this Court is directed to implead the Chief Manager (Advertisement), Kolkata Municipal Corporation as party respondent in the instant writ petition.

Learned advocate for the petitioners shall serve a copy of the writ petition will all annexures to the added respondent at the time of communicating the order of the Court.

Till one week after the order of final adjudication is communicated to the petitioners the impugned demand which has been raised shall not be enforced upon the petitioners. The writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm