KOLKATA MUNICIPAL CORPORATION Vs. BALKRISHNA SHROFF

JUDGEMENT

(1.) By consent of the parties, the appeal is taken up for hearing by treating the same as on day's list along with the application for stay.

(2.) The appeal as well as the application for stay arises out of an order dated 29th June, 2016, passed by the learned Single Judge in WP 6507 (W) of 2015.

(3.) The appellants before us are Kolkata Municipal Corporation, its Mayor as well as other authorities of Kolkata Municipal Corporation. The short point which arises for consideration in the instant case is whether the learned Single Judge even when shown two judgments passed by two coordinate Benches on the point of law involved could have held that they "wrongly decided" the provision of law involved and thereafter proceed to give his own reasons and dispose of the writ petition with a mandatory direction upon Kolkata Municipal Corporation to refund or adjust a certain amount against any present due of the writ petitioner within a certain time-frame.