Dismissed¶21

MD Mehmood Alias Ganja Mahmood and Ors. v. the Kolkata Municipal Corporation and Ors.

Calcutta HC28 Apr 2025APOT/79/2025

Case brief

AI extract

What is this about?

Calcutta High Court APOT/79/2025 with GA/1/2025; condonation of 341 days' delay refused; appeal dismissed consequentially; challenge to Single Bench order of 14 March 2024 upholding demolition; appellants Md Mehmood @ Ganja Mahmood & Ors.; writ petitioner/respondent Md. Ehtesham Uddin; respondents Kolkata Municipal Corporation & Ors.; knowledge claimed 9 December 2024; certified copy obtained 9 January 2025; contempt proceedings; order pasted on premises; Rajasekhar Mantha and Ajay Kumar Gupta, JJ.; dated 28 April 2025.

What did the court decide?

None; condonation of delay was refused and the appeal was consequently dismissed. ¶21

MD Mehmood Alias Ganja Mahmood and Ors. Vs the Kolkata Municipal Corporation and Ors. — Calcutta HC (2025) — LawSathi Research

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OD 1

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IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE

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APOT/79/2025 IA NO: GA/1/2025 MD MEHMOOD @ GANJA MAHMOOD & ORS.

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…..Respondents/Appellants VS

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MD. EHTESHAM UDDIN

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…Writ Petitioner/Respondents

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THE KOLKATA MUNICIPAL CORPORATION & ORS.

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….Respondents

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BEFORE : HON'BLE JUSTICE RAJASEKHAR MANTHA -A N D- HON'BLE JUSTICE AJAY KUMAR GUPTA DATED : 28^TH APRIL, 2025.

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Appearance :- Mr. A. Ghosh, Adv. Mr. N. Chatterjee, Adv. Mr. S. Hazra, Adv. …for appellants Mr.Debjit Mukherjee, Adv. Ms. Susmita Chatterjee, Adv. ….for State Ms. Piyali Sengupta, Adv. Ms. Manisha Nath, Adv. …for KMC

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The Court :- (1) GA/1/2025 is an application for condonation of

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341 days’ delay in preferring the appeal. The appellant is admittedly a respondent in the writ petition.

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(2) The order of upholding the demolition was passed by this Court on 14^th March, 2024.

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(3) The petitioner claims at paragraph 3 that he came to know for the first time of the said order when the officials of the Municipal Corporation came to his premises on 9^th December, 2024. At paragraph 4 it is stated that after the petitioner/appellant came to know of the order dated 14^th March, 2024 he applied for a certified copy and obtained the same on 9^th January, 2025. The period of thirty days from 9^th December, 2024 to 9^th January, 2025 has not even been remotely explained. The claim of the appellant that he was not served with the copy of the writ petition is not supported by any document. On the contrary the respondents submit that since after the order dated 14^th March, 2024 there were contempt proceedings and the matter was heard on several days.

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(4) This order of the Single Bench dated 14^th March, 2024 was admittedly pasted on several portions of the said premises, demolition whereof has been upheld by the Single Bench. It is difficult for this Court to believe that the appellant came to know of the said order only in December 2024.

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(5) It is further submitted that the writ petition based on which the order dated 14^th March, 2024 was passed in respect of three several premises. As to which premises the petitioner is concerned with is not

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clear from the application. In the backdrop of the above this Court is of the view that the appellant has not even made any serious attempt to explain the delay of 341 days in preferring the instant appeal. This Court, is therefore, not inclined to condone the delay of 341 days.

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(6) GA/1/2025 shall stand dismissed. Consequently,

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APOT/79/2025 shall also stand dismissed.

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(RAJASEKHAR MANTHA, J.)

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(AJAY KUMAR GUPTA, J.)

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pkd/GH.

MD Mehmood Alias Ganja Mahmood and Ors. v. the Kolkata Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

MD Mehmood Alias Ganja Mahmood and Ors. v. the Kolkata Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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