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2018 DIGILAW 853 (CAL)

Sumita Basu v. Kolkata Municipal Corporation

2018-11-28

ARINDAM MUKHERJEE, BISWANATH SOMADDER

body2018
JUDGMENT : BISWANATH SOMADDER, J. In re: CAN 7125 of 2018 1. This is an application under section 5 of the Limitation Act. 2. Having heard the learned advocates for the parties and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the applicant to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN 7125 of 2018, is accordingly allowed. In re: MAT 946 of 2018 with CAN 7131 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 injunction. 4. The instant appeal arises out of a judgment and order dated 15th June, 2018, passed by a learned Single Judge in WP 24727 (W) of 2015 (Smt. Sumita Basu vs. The Kolkata Municipal Corporation & Ors.). 5. By the impugned judgment and order, the writ petition was disposed of based on a request made by the learned advocate for the petitioner who sought extension of time to file a statutory appeal against the order of the Hearing Officer before the designated appellate authority. The learned Single Judge gave the writ petitioner a fortnight's time to prefer the statutory appeal and made a request to the said appellate authority to treat the appeal within the period of limitation and dispose of the same in accordance with law being uninfluenced by any observations made in the order. 6. The instant appeal has been preferred by the writ petitioner, Smt. Sumita Basu. 7. Even a bare perusal of the impugned judgment and order does not reveal any palpable infirmities of reasoning or perversities which would warrant any interference in an Intra-Court Mandamus Appeal. That apart and in any event, the impugned judgment and order is supported with cogent and justifiable reasons. Its correctness, as such, cannot be doubted or assailed before us. 8. The extension of time granted to the appellant/writ petitioner to prefer the statutory appeal as observed in the impugned judgment and order of the learned Single Judge dated 15th June, 2018, however, shall run from today. 9. The appeal and the application for injunction are liable to be dismissed and stand accordingly dismissed subject to the observation made in the preceding paragraph. 10. 9. The appeal and the application for injunction are liable to be dismissed and stand accordingly dismissed subject to the observation made in the preceding paragraph. 10. Urgent Photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. I agree.