Abdul Gaffar And Others v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/3/2022 IA. No. CAN/1/2022 Abdul Gaffar and others Vs.

The Lieutenant Governor and others With MAT/4/2022 IA. No. CAN/1/2022 Sukh Dev Singh and others Vs The Lieutenant Governor and others Ms. Anjili Nag ... for the appellants Mr. Shatadru Chakraborty Mr. D.Dwivedi ... for the respondents October 13, 2023 [SR] Item Nos.8&9 Both these appeals are taken up for consideration analogously.

Learned counsel for the appellants seeks to produce a document being order No.478 dated 6th February, 2006 issued by the Secretary, Municipal Council for appropriate adjudication of their claim.

Learned counsel further submits that certain documents have been produced by the respondents along with their affidavit-in-opposition before this court which have also not been placed before the learned Single Judge for consideration.

Learned counsel for the appellants submits that all these documents may be taken into consideration by the learned Single Judge in revisiting the issue. Learned counsel further submits that the documents were not within the knowledge or control of the appellants when the matter was considered by the learned Single Judge.

In view of the above, we are inclined to hold that since certain documents have been produced before this court which the learned Single Judge had no opportunity to consider, the matter be remanded back to the learned Single Judge for reconsideration upon perusal of the said documents in addition to the material already on record.

The order impugned dated November 22, 2021 is set aside. The matter be remanded back to the learned Single Judge for fresh adjudication upon consideration of the documents to be placed by the appellants before the learned Court in addition to the material already available before the Court.

It is made clear that this Court has not gone into the merits of the case and the learned Single Judge is requested to decide the case on merits upon consideration of available material placed before him.

Both the appeals being MA/3/2022 and MA/4/2022 are accordingly disposed of.

Consequently, the connected applications are also disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Subhendu Samanta, J.) ( Suvra Ghosh, J.)