The Kolkata Municipal Corporation & ORS v. Smt Nilanjana Biswas & ORS

OD-4&5 RVWO /26/2016 with WPO/471/2018 IA NO: GA/2/2016 (Old No:GA/2170/2016)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE THE KOLKATA MUNICIPAL CORPORATION AND ORS.

-VSSMT NILANJANA BISWAS & ORS.

wt 5 APOT/320/2023 IA NO:GA/1/2023 GA/2/2023 KALYAN BISWAS AND ANR.

VS.

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE AND The Hon'ble JUSTICE APURBA SINHA RAY Date : October 17, 2023.

Appearance:

Mr. Raghunath Chakraborty, Advocate Mr. Supratick Shymal, Advocate Ms. Amrita De, Advocate Mr. Mehboob Ahmed, Advocate ...for Review Applicants-appellants Mr. Alak Kr. Ghosh, Adv.

Ms. Tanushree Dasgupta, Adv.

...for KMC The Court : This application was filed by the appellants for review of an order dated November 23, 2015, passed by a coordinate Bench

disposing of APO/73/2015. After allowing the appeal, setting aside the order impugned, the Bench had directed Kolkata Municipal Corporation to consider the prayer of the writ petitioner, in accordance with law. Mr. Ghosh, learned senior counsel, representing Kolkata Municipal Corporation (in short, 'KMC') says that the order was acted upon and KMC duly considered the writ petitioner's prayer and passed an order rejecting such prayer. Such rejection was challenged by the review applicants herein in a fresh round of litigation by filing a writ petition. Such writ petition was dismissed by the learned Single Judge. An appeal therefrom being APOT/320/2023 is pending. Accordingly, the review application has become infructuous.

Mr. Chakarborty, learned advocate for the review applicants, agrees that the application has become infructuous. RVWO/26/2016 is disposed of accordingly.

Let the appeal and the connected applications be listed on November 23, 2023.

(ARIJIT BANERJEE, J.) (APURBA SINHA RAY, J.) sm