SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Cal) 790

BISWANATH SOMADDER, ARINDAM MUKHERJEE
Jyoti Dey – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
Joydeep Kar, Adv., Siddhartha Banerjee, Adv., Prasayan Mukherjee, Adv., Biswajit Mukherjee, Adv., Samrat Chowdhury, Adv.

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 stay.

2. The instant appeal arises out of an order dated 22nd June, 2018, passed by a learned Single Judge in WP 24394 (W) of 2017 (Jyoti Dey & Ors. vs. The Kolkata Municipal Corporation & Ors.). A bare perusal of the order reveals that it is purely interim in nature.

3. The appeal has been preferred by the writ petitioners.

4. Having regard to the facts and circumstances of the instant case, we do not propose to interfere with the impugned order since in an Intra-Court Mandamus Appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned order. We do not notice any such palpable infirmity or perversity on a plain reading of the impugned order. That apart and in any event, the impugned order is purely interim in nature and is supported with cogent and justifiable reasons.

5. However, we are of the view that the Corporation authorities ought to supply copies of the orders passed by the Hearing Officer which are the subject matter of challenge in the wr




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top