Writ petition disposed of as the Supreme Court order in connected appeal resolved the issue and occupation certificate was already issued by the corporation.
The writ petition stands disposed of; no order as to costs.
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W.P.A. 4346 of 2015
Saraf Infra Projects Ltd. & Anr. -vsKolkata Municipal Corporation & Ors.
Mr. Tarique Quasimuddin Ms. Sanchita Chaudhuri … for the petitioners. Mr. Alak Kumar Ghosh Mr. Gopal Chandra Das Mr. Debangshu Mondal … for the KMC.
Mr. Sukumar Bhattacharya Ms. Sumita Sarkar … for the Union of India
The writ petition is taken up for consideration in presence of the learned advocates representing the petitioners, Kolkata Municipal Corporation and respondent no. 4. Since last occasion no one appeared for the petitioners as well as respondent no. 4 this Court directed the department to issue administrative notice to the petitioners and the respondent no. 4 and submit a report before this Court on the next date.
The report of the Assistant Registrar-VIII dated 15th February, 2023 is placed before this Court wherefrom it appears that administrative notices relating to this writ petition were served upon the writ petitioners and the respondent no. 4.
Today on receipt of such administrative notice petitioners and respondent no. 4 are represented by learned advocates.
2
It has been submitted on behalf of petitioners by Mr. Quasimuddin, learned advocate, that pursuant to the order dated 28th November, 2018 passed by the Hon’ble Supreme Court on IA No. 25265 of 2018 in connection with Civil Appeal No.(s) 4746 of 2017 (Saraf Infra Projects Limited & Anr. –vs- State of West Bengal & Ors.) the issue involved in this writ petition stood resolved.
It has also been submitted that the Kolkata Municipal Corporation has already issued occupation certificate in favour of the petitioners.
In view of such submission being made on behalf of petitioners nothing remains to be decided in this writ petition and accordingly the same stands disposed of. However, there shall be no order as to costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)
Colour shows how this judgement treated each authority
Saraf Infra Projects Limited & Anr. –vs- State of West Bengal & Ors.Referred¶10
Civil Appeal No. 4746 of 2017 (Saraf Infra Projects Limited & Anr. –vs- State of West Bengal & Ors.)
Saraf Infra Projects Ltd. & Anr.
Kolkata Municipal Corporation
Saugata Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
