Anushka Choudhury v. Kolkata Municipal Corporation And ORS

OD -5 ORDER SHEET WPO No.2503 of 2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ANUSHKA CHOUDHURY VS KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 9th September, 2022.

Appearance:

Mr. Anujit Mookherji, Adv.

...for Petitioner.

Mr. Achintya Kr. Banerjee, Adv.

Mr. Anand Fermania, Adv.

...for KMC.

The Court:-Instruction handed over by the learned advocate representing the Kolkata Municipal Corporation signed by CMHO and Dy. CMHO of the Kolkata Municipal Corporation dated 8th September, 2022 mentions that the Kolkata Municipal Corporation may proceed with the prayer of the petitioner as per Section 455(2) of the Kolkata Municipal Corporation Act, 1980.

According to the said provision, an affidavit has to be affirmed before the Magistrate by two persons having knowledge of the case. The petitioner is directed to take steps in accordance with the provision of Section 455(2) of the Kolkata Municipal Corporation Act, 1980. In the event an affidavit is affirmed before the Magistrate in the manner as

prescribed in the Act, then the respondent no.3 shall take necessary steps in the matter at the earliest, but positively within a period of fortnight from the date of submission of the affidavits.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (AMRITA SINHA, J.) nm