WRIT PETITION None on 9 September 2003

1. This is an application for recalling the order datedSeptember 9, 2003 and for restoration of the writpetition to its original file and number.September 9, 2003 and for restoration of the writpetition to its original file and number.

2. Mr. Ghosh, learned senior advocate representing theKolkata Municipal Corporation submits that such anapplication for restoration is not maintainable as thewrit petition was withdrawn long prior thereto.Kolkata Municipal Corporation submits that such anapplication for restoration is not maintainable as thewrit petition was withdrawn long prior thereto.

3. After going through the order dated July 9, 1997passed by a learned Single Judge in W.P.A. 778 ofpassed by a learned Single Judge in W.P.A. 778 of 1997, this Court finds that the said order records thefollowing:

“On instructions it is submitted by Mr.Dutta that the matters referred to in paragraph-3 of the order passed by the Hearing Officer on22[nd]January, 1997 may be treated aswithdrawn. Such prayer is allowed. Whileconsidering the matter, the Hearing Officer shallalso take into account the notice issued by theMunicipal Commissioner, being Annexure ‘B tothe writ petition.”

4. It appears from paragraph 3 of the order of the order of the Hearing Officer dated January 22, 1997 that thereference of C.R. 2261(W) of 1985 was mentioned.Therefore, this Court is of the considered view that C.R.2261(W) of 1985 was treated to be withdrawn by theorder dated July 9, 1997.

5. Thus, Mr. Ghosh was right in contending that thisapplication for restoration is not maintainable. Theapplication for restoration (I.A. No. CAN 2 of 2007 (OldCAN 8980 of 2007) in (W.P.A. 2261 of 1985 (C.R. No.2261(W) of 1985) accordingly, stand dismissed.application for restoration is not maintainable. Theapplication for restoration (I.A. No. CAN 2 of 2007 (OldCAN 8980 of 2007) in (W.P.A. 2261 of 1985 (C.R. No.2261(W) of 1985) accordingly, stand dismissed.

6. There shall be however, no order as to costs.

7. Urgent photostat certified copy of this order, if appliedfor, be furnished to the parties expeditiously uponcompliance of all legal formalities.for, be furnished to the parties expeditiously uponcompliance of all legal formalities.

(HIRANMAY BHATTACHARYYA, J.)