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2018 Supreme(Cal) 790

IN THE HIGH COURT OF CALCUTTA
BISWANATH SOMADDER, ARINDAM MUKHERJEE, JJ.
Jyoti Dey and Others - Appellant
Vs.
Kolkata Municipal Corporation and Others - Respondent
C A N No. 7538 of 2018; M A T No. 817 of 2018
Decided on : 28-11-2018

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

Interference with interim orders is warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned order.

Headnote:

Interim Order - Intra-Court Mandamus Appeal - The court declined to interfere with the interim order, stating that interference is warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned order. The impugned order was supported with cogent and justifiable reasons. However, the Corporation authorities were directed to supply copies of the orders to the appellants/writ petitioners for expeditious disposal of the writ petition.

Fact of the Case:

The appeal arose from an interim order in a writ petition (Jyoti Dey & Ors. vs. The Kolkata Municipal Corporation & Ors.)

Finding of the Court:

The court declined to interfere with the interim order, citing the lack of palpable infirmities or perversities and the interim nature of the order. The Corporation authorities were directed to supply copies of the orders to the appellants/writ petitioners for expeditious disposal of the writ petition.

Issues: Interference with interim order, supply of copies of orders to appellants/writ petitioners

Ratio Decidendi: Interference with interim orders is warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned order. Corporation authorities should supply copies of orders to appellants/writ petitioners for expeditious disposal of the writ petition.

Final Decision: The appeal and the application for stay were disposed of accordingly.

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 writ proceedings to the appellants/writ petitioners or their Advocate-on-Record. The same may be supplied within a fortnight from date. The appellants may file their affidavit-in-reply before the learned Single Judge within a fortnight thereafter so that the learned Single Judge is able to dispose of the writ petition expeditiously.

6. The appeal and the application for stay stand disposed of accordingly.

7. Urgent Photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties.

I agree.


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