LAWS(CAL)-2008-1-38

BOARD OF TRUSTEES Vs. CANORO RESOURCES LTD

Decided On January 09, 2008
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA Appellant
V/S
CANORO RESOURCES LTD. Respondents

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of a third party in a writ-application and is directed against order dated March 5, 2007 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by the private respondent by setting aside the order passed by the Chairman of the Kolkata Port Trust which was impugned in the writ-application with the direction to the Port Trust Authority to rehear and dispose of the representation of the writ-petitioner afresh in the light of the observations made in the body of the order. Subsequently, by an order dated march 28, 2007, on an application of the Chairman and the Land Manager of the Kolkata Port Trust, who were the respondent Nos. 1 and 4 respectively, the earlier order dated March, 5, 2008 was modified by specifically directing the Chairman of the Kolkata Port Trust (instead of Port Trust Authority) to dispose of the representation of the writ-petitioner as indicated earlier.

(2.) THE facts giving rise to filing of the writ-application out of which the present appeal arises may be summed up thus :-

(3.) BEING dissatisfied, the Board of Trustees of the Kolkata Port Trust who were not parties to the writ-application have come up with this appeal with leave to file the same.