The High Court disposed of a 15-year-old writ petition concerning shop allotment, finding it infructuous as an alternative shop had been allocated, but granted liberty for any surviving cause of action.
The writ petition was disposed of granting liberty to the petitioner to approach the appropriate forum if any cause of action survived.
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O.J.C. No.4203 of 2000
27.10.2016
Heard Miss M. Chatterjee on behalf of Mr. G. Mukharjee, learned counsel for opposite p
arties no.2, 3 and 4.
Miss M. Chatterjee, learned counsel for opposite parties no.2, 3 and 4 submits that sinc
e the size of shop 10 x 10 was not available, shop room of size 5 x 10 has already been allott
ed in favour of the petitioner. Therefore, the writ application has become infructuous.
Learned counsel for the petitioner submits that the writ petition is of the year 2000 an
d in the meantime 15 years have elapsed. As such he has no instruction in the matter.
Considering the contentions raised by the learned counsel for opposite parties no.2, 3 a
nd 4, the writ application has become infructuous. However, if any cause of action survives, t
he petitioner may approach the appropriate forum ventilating his grievances.
In view of the above, the writ petition is disposed of granting the aforesaid liberty.
Alok
2 issues framed by the court
Whether the writ application regarding shop allotment has become infructuous due to the allocation of an alternative/smaller shop.
Whether the lengthy delay (15 years) since the filing of the petition in 2000 justifies disposing of the writ petition without giving charitable instructions to the petitioner.
Petitioner
Opposite parties no.2, 3 and 4
Alok
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court