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2017 Supreme(Cal) 177

HARISH TANDON
B. Garden Krira Samity – Appellant
Versus
Howrah Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Tapas Mukherjee, Dipanjan Sinha Roy
For the Respondent: Kishore Datta, Nayan Ch. Bihani, Papiya Banerjee

JUDGMENT :

1. It is an apparent example where the authority has proceeded with closed eyes and mind and it would not be wrong to record that an clement of bias is percolated in the impugned order.

2. The authority was more swayed by an order of the learned District Judge, Howrah than to take into consideration the observations and the directions passed by this Court in an earlier writ petition.

3. The opening paragraph of the impugned order reflects the order passed by this Court and the direction to consider the matter but the later portion of the order is completely silent and there is no whisper anywhere that the authority has acted strictly in terms of the directions passed by this Court. Strangely enough, the authority proceeded to declare the termination of the lease deed and declare the right of the Howrah Municipal Corporation at the said premises in complete defiance to the direction passed by this Court.

4. A writ petition being W.P. 12429 (W) of 2016 filed by the petitioner came up for final disposal on 19th September 2016 and was disposed of with the direction upon the Commissioner, Howrah Municipal Corporation to consider the matter and pass a reasoned order after allowing






























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