AI Structured Summary
Not yet generated for this judgment
Judgment
Leave is granted to the petitioner to complete the formalities connected to filing of the writ petition immediately upon resumption of normal Court
business and the writ petition is taken up for hearing. The application being CAN 3166 of 2020 is allowed.
The present writ petition has been preferred challenging inter alia an order dated 6th May, 2020 passed by the respondent no.2.
Mr. Mookherjee, learned senior counsel appearing for the petitioner submits that the petitioner’s application under Rule 4(4) of the Kolkata
Municipal Corporation Building Rules, 2009 was considered and no objection for sale and transfer of the concerned property was granted by the
competent authority by an order dated 1st October, 2019. Surprisingly seven months thereafter, without grant of any opportunity of hearing to the
petitioner and without disclosing any reason the impugned order was passed revoking the earlier order dated 1st October 2019. The respondent no.2
has also not been conferred any authority to review the earlier order. On the above grounds, the impugned order needs to be set aside.
Mr. Dutta, learned advocate general appearing for the State respondents denies and disputes the contention of the petitioner and prays for leave to use
an affidavit-in-opposition.
Mr. Mitra, learned advocate appears for the proforma respondents.
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that the
matter needs to be decided upon exchange of affidavits.
Accordingly, the respondents are directed to file their affidavit-in-opposition within a period of three weeks from date. Reply thereto, if any, be filed
within a week thereafter.
The parties would be at liberty to mention the matter on urgent basis for final hearing after expiry of the period as fixed above towards exchange of
affidavits.
Mr. Arijit Basu, learned advocate appearing for the applicants in CAN No.3179 of 2020 and CAN No.3180 of 2020 prays for leave to withdraw the
said applications. Such prayer is considered and allowed. The said applications are, accordingly, dismissed as withdrawn.