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2018 Supreme(Cal) 862

BISWANATH SOMADDER, ARINDAM MUKHERJEE
Kalikinkar Bhattacharjee – Appellant
Versus
Kamarhati Municipality – Respondent


Advocates:
Advocate Appeared:
Goutam Dey, Adv., Anupam Das, Adv., Chandrani Bhattacharya, Adv., Supratim Bhattacharjee, Adv., Swarup Banerjee, Adv., Sanat Kumar Das, 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 a judgment and order dated 31st July, 2018, passed by a learned Single Judge in WP 12911 (W) of 2018 (Kalikinkar Bhattacharjee vs. The Kamarhati Municipality & Ors.). By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition with costs assessed at Rs.30,000/- payable by the writ petitioner to the State Legal Services Authority, Kolkata, within a certain time frame. The writ petitioner was further directed not to proceed with his title suit till such time costs was paid.

3. The instant appeal has been preferred by the writ petitioner.

4. A bare perusal of the impugned judgment and order reveals that the learned Single Judge has taken note of the fact that the writ petitioner, as plaintiff, had filed a suit before the learned Civil Judge (Junior Division), Fourth Court at Sealdah. This fact was drawn to the attention of the learned Single Judge by the learned advocate appearing on behalf of the private respondents. The learned Single Judge als







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