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2018 DIGILAW 833 (CAL)

Govinda Chandra Das v. Kolkata Municipal Corporation

2018-11-26

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT : BISWANATH SOMADDER, J. In Re: CAN 7157 of 2018 1. After considering the submission made by the learned advocate for the appellant/applicant and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown to explain the delay in filing the appeal and as such, the delay is condoned. 2. The application for condonation of delay is accordingly allowed. In Re: MAT 991 of 2018 With CAN 7159 of 2018 3. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 4. The instant appeal arises out of an order dated 6th July, 2018, passed by a learned Single Judge in WP 527 (W) of 2018 (Govinda Chandra Das & Ors. vs. The Kolkata Municipal Corporation & Ors.). 5. By the impugned order, the writ petition was dismissed for reasons stated therein. 6. The instant appeal has been preferred by the writ petitioners. 7. For convenience, the impugned order is reproduced here in below in its entirety:- “Learned advocate appearing for the petitioner seeks information as to how the respondent No.4 was mutated in the records of the Kolkata Municipal Corporation as the owner of the property. The Corporation and the Railway authorities are represented. It appears that, corporation has treated the railway as the owner of a particular plot. The petitioner seeks the basis for such treatment. The petitioner had written a letter dated November 10, 2017 for such purpose. It is open to the petitioner to avail of remedies under the Right to Information Act, 2005. In such circumstances, I am not minded to interfere in the present writ petition. W.P. No.527 (W) of 2018 stands disposed of without any order as to costs.” 8. Even a bare perusal of the impugned order - as reproduced hereinabove - does not reveal any palpable infirmity or perversity which would warrant any interference in an Intra-Court Mandamus Appeal. Moreover, the impugned order is supported with cogent and justifiable reasons. The statutory remedies of the appellants/writ petitioners have been clearly spelt out by the learned Single Judge in the order dated 6th July, 2018. 9. As such, we do not find any reason to interfere with the impugned order dated 6th July, 2018. The appeal and application for stay are liable to be dismissed and stand accordingly dismissed. The statutory remedies of the appellants/writ petitioners have been clearly spelt out by the learned Single Judge in the order dated 6th July, 2018. 9. As such, we do not find any reason to interfere with the impugned order dated 6th July, 2018. The appeal and application for stay are liable to be dismissed and stand accordingly dismissed. Arindam Mukherjee, J. : I agree.