Madhumita Datta & Ors vs Kolkata Municipal Corporation & Ors

The petitioners complain of illegal construction at a premises. The petitioners also complain that, the private respondents are guilty of running a restaurant cum bar without appropriate licence and without obtaining prior change of user.

Learned Advocate appearing for the private respondent no.10 files an affidavit which be taken on record.

Learned Advocate appearing for the private respondent no.10 submits that, there is a civil suit pending between the private parties. There is another writ petition filed at the behest of some of the occupants of the premises which seeks similar reliefs in respect of the fire licence and the running of the business of restaurant cum bar. Such writ petition is pending. He draws attention of the Court to the fact that, the private respondent obtained permission for change of user from the corporation in 2003. The private respondent has a valid certificate of enlistment till March 31, 2019. Therefore, according to him, there is no requirement of passing an interim order at this stage. He seeks direction for filing affidavits.

Learned Advocate appearing for the respondent nos.9 and 11 submits that, his clients were initially a partner of the respondent no.9.

A report submitted on behalf of the corporation filed in Court today be taken on record.

Learned Advocate appearing for the corporation circulates a copy of the report amongst the learned Advocate for the private parties.

In view of the number of proceedings pending in respect of the subject matter, it would not be appropriate to pass interim orders at this stage.

Let affidavits be filed by the parties.

Let affidavit-in-opposition be filed within two weeks after the ensuing Christmas Vacation. Reply thereto, if any, be filed within one week thereafter.

List the writ petition in the Monthly Combined List of February, 2019 under the heading "Hearing".

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.