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Judgment
We are in the midst of hearing of the application for stay (CAN 706 of 2020) filed in the appeal, MAT 100 of 2020, which is directed against the judgment and order dated January 7, 2020, passed by a learned Judge of this Court whereby W.P. 26113 (W) of 2015 of the respondent no.1 has been allowed.
Mr. Saha Roy, learned advocate appearing for the respondent no.1 has objected to the maintainability of the appeal. According to him, the Board of Councillors, Birnagar Municipality (hereafter the board of councillors) have not resolved to carry the said judgment and order in appeal. Additionally, it is submitted that Sri Rabi Shankar Sahu, the deponent of the affidavit accompanying the application for stay, has not been authorised by the board of councillors to swear such affidavit for and on their behalf.
Having regard to the turn of events that we have noticed in course of hearing the application for stay, we consider it fit and proper to direct the Executive Officer, Birnagar Municipality, appellant no.4 in MAT 100 of 2020, to place before us tomorrow, at 12-00 noon, the resolution adopted by the board of councillors authorising the said Rabi Shankar Sahu to swear the affidavit for and on their behalf. The Chairman of Birnagar Municipality is also required to place before us relevant evidence in support of the stand taken by Mr. Dutta, learned senior advocate for the appellants in MAT 100 of 2020 that he has been duly authorised by the board of councillors to execute the vakalatnama for and on their behalf.
We propose to proceed with the hearing of this appeal as well as the appeal filed by the Chairman of Birnagar Municipality in his individual capacity, only after being satisfied of the requirements, noticed above, which would render MAT 100 of 2020 maintainable.
List the appeals along with the application tomorrow at 12-00 noon under the heading "Specially Fixed".