Calcutta High Court order: WP 587/2015


Calcutta: Calcutta High Court has issued the following order: ORDER SHEET WP 587/2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DILIP KUMAR SIL Versus THE KOLKATA MUNICIPAL CORPORATION & ORS. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 9th June, 2015. Mr.Anirban Ray, Advocate Mr.Soumabha Ghose, Advocate Mr.D. Das, Advocate for the petitioner.

Mr.Ashok Kumar Banerjee, Sr. Advocate Mr.Alok Ghosh, Advocate Ms.T. Das Gupta, Advocate for the respondent.

The Court : The writ petitioner assails an order passed by the Joint Municipal Commissioner in terms of an order dated September 2, 2014 passed by the Court served upon the writ petitioner under cover of a letter dated April 24, 2015. The writ petitioner claims to be the allottee of six flats. The subject-matter of dispute is in the present writ petition is such flats. 2 The corporation authorities are represented. It is submitted that huge amount on account of consideration price remains outstanding from the writ petitioner. In the event any interim protection is granted in favour of the writ petitioner, the same should be on terms.

Learned Counsel appearing for the writ petitioner submits that it would appear from the letter dated February 17, 2011 that a sum slightly in excess of Rs.19 lakhs is due and payable. This figure is, however, disputed on behalf of the corporation authorities on the ground that such letter has been issued by mistake.

However, considering that amount remains to be paid by the writ petitioner to the corporation authorities, in the instant case, in my view interest of justice would be sub-served if I put the writ petitioner on terms. Given the dispute with regard to the quantum of the outstanding due and payable by the writ petitioner to the corporation authorities, at this stage, it would be...

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