Mr. Ashok Kumar Gupta v. Kolkata Municipal Corporation And ORS.

OD-7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/846/2021 MR. ASHOK KUMAR GUPTA

Versus

KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 7th April, 2022.

Appearance :

Mr. Farhan Ghaffar, Adv.

... for the petitioner.

Mr. Alak Kr. Ghosh, Adv.

Ms. Manisha Nath, Adv.

... for the KMC.

Mr. Rahul Karmakar, Adv.

... for the respondent nos. 3-5.

The Court: In view of the order passed on September 24, 2021 by the License Officer, License Department, Kolkata Municipal Corporation granting the certificate of enlistment in respect of respondent no.3 upon hearing all the parties, nothing survives in the writ petition. The writ petitioner had challenged a notice issued by the Kolkata Municipal Corporation calling upon the petitioner to participate at a hearing with regard to the issuance of the certificate of enlistment in favour of the respondent no.3.

The petitioner participated in the proceeding thereafter and an order has been passed. Such order granting renewal of the certificate of enlistment to the respondent no.3, has been made subject to orders that may be passed by a Court of law.

It is noticed that an arbitration proceeding is pending between the parties and the some orders have been passed by this Court under Section 9 of the Arbitration and Conciliation Act, 1996, restraining the parties from creating any disturbance with regard to the business of the respondent no.3.

Under such circumstances, nothing survives to be decided in the writ petition.

The writ petition is disposed of accordingly. The order passed by the Corporation is taken on record. (SHAMPA SARKAR, J.) mg