Somenath Kar v. Kolkata Municipal Corporation And ORS

OD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE IA NO. GA/1/2025 In WPO/1872/2023 SOMENATH KAR Vs KOLKATA MUNICIPAL CORPORATION AND ORS

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date: 10th April, 2025.

Appearance:

Mr. Nirmalya Dasgupta, Adv.

Mr. Soham Sanyal, Adv.

Mr. Rajesh Upadhyay, Adv.

Ms. Surabita Biswas, Adv.

Mr. Akshay Jain Sukhwani, Adv.

...for the applicant in GA/1/2025.

Mr. Dinabondhu Chowdhury, Adv.(VC) Mr. Amal Kumar Saha, Adv.

Ms. Debjani Sengupta, Adv.

...for the writ petitioner.

Mr. Gopal Chandra Das, Adv.

Ms. Manisha Nath, Adv.

...for KMC.

The Court : The applicant has preferred the present application being GA No. 1 of 2025 in a disposed of writ petition being writ petition no. 1872 of 2023.

The applicant is seeking a direction against the respondent nos. 1 to 3 to restrain them from vacating or dispossessing them from the schedule premises without following the due process of law. Perusal of the record reveals that writ petition no. 1872 of 2023 has already been disposed of vide order dated 02.01.2024. Once the matter has

been disposed of, only a review application or an application for modification of the order can be entertained. No other application, such as the present one, is maintainable in a disposed of writ petition. If the applicant is aggrieved by the order dated 02.01.2024 in writ petition no. 1872 of 2023, they may either challenge the same order or to file a review petition. In view thereof, the present application is not maintainable and the same is dismissed.

(GAURANG KANTH, J.) KB AR(CR)