Sultan Ahmed Khan v. Kolkata Municipal Corporation
2019-01-02
ARINDAM MUKHERJEE, BISWANATH SOMADDER
body2019
DigiLaw.ai
JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for appropriate order. 2. The instant appeal arises out of a judgment and order dated 3rd August, 2018, passed by a learned Single Judge in WP 4590 (W) of 2018 (Sultan Ahmed Khan vs. The Kolkata Municipal Corporation & Ors.). By the said judgment and order, the writ petition stood disposed of. 3. The instant appeal has been preferred by the writ petitioner. 4. According to the learned advocate for the writ petitioner (being the appellant herein), certain observations made by the learned Single Judge may affect his client’s right in respect of the civil proceedings pending before the learned Court below. 5. In order to understand the merit of such submission, we need to consider the impugned judgment and order in its entirety. For convenience, the same is reproduced here in below:- “The writ petition is taken up for final consideration. The complaint in the writ petition is of unauthorised construction. In view of such complaint, a report was called for from the Corporation, after inspecting the locale, upon notice to the private parties. The Corporation has submitted a report, after inspecting the locale, upon notice to the private parties. Such report does not speak of unauthorised construction. The conclusion of such a report is that, there is no issue of encroachment as claimed by the petitioner. The claim of the petitioner is that, the construction is unauthorised as the private respondent had encroached into the property of the petitioner. The Corporation having found that, the construction is not unauthorised, the allegation of encroachment does not survive. No further interference is called for. On the previous date of hearing, the attention of the Court was drawn to a suit filed by the petitioner. Learned advocate for the private respondents submits that, an interim order of injunction was obtained from the Court by suppressing the factum of the pendency of the present writ petition and the orders passed therein. Learned advocate appearing for the petitioner submits that, an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 has since been filed. It is open to the private parties to agitate their respective claims in such suit, in light of the findings returned here in.
Learned advocate appearing for the petitioner submits that, an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 has since been filed. It is open to the private parties to agitate their respective claims in such suit, in light of the findings returned here in. W.P. No.4590 (W) of 2018 is disposed of. There shall be no order as to costs.” 6. Even a bare perusal of the impugned judgment and order, as reproduced hereinabove, does not reveal any plausible or justifiable reason as to why the appellant/writ petitioner is required to be apprehensive. Obviously, no observation made by the learned Single Judge can have any effect in respect of the civil proceedings pending between the appellant on one the hand and the private respondent no.5 on the other. 7. The appeal is, therefore, liable to be dismissed and is accordingly dismissed along with the application for appropriate order. 8. Urgent photo state certified copy of this judgment, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. : I agree.