MAHESH KUMAR MISHRA Vs. JEEVAN LAL AGARWAL

JUDGEMENT

(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay as also the writ petition.

(2.) The instant appeal arises out of an order dated 20th Nov., 2018, passed by a learned Single Judge in WP 16459 (W) of 2018 (Sri Jeevan lal Agarwal & Anr. vs. Konnagar Municipality & Ors.). By the said order, the learned Single Judge was pleased to refuse recalling or modifying the order dated 11th Sept., 2018. By the order dated 11th Sept., 2018, the writ petition was directed to be listed on 24th Sept., 2018, upon hearing the parties.

(3.) The issue before the learned Single Judge as sought to be raised by the writ petitioners (being the respondent nos.1 and 2 in the present appeal) was in respect of a hoarding which was set up at a locale within the jurisdiction of the concerned Municipality, namely, Konnagar Municipality. According to the writ petitioners, the hoarding was set up without due permission from the concerned Municipality. The learned Single Judge took note of the submissions made on behalf of the appellants herein (being the private respondent nos.2 to 6 in the writ proceedings). It was submitted on their behalf that the hoarding was set up without due permission from the Municipality and they would dismantle such hoarding on their own for which they sought for time. When the private respondents subsequently moved the learned Single Judge for recalling and/or modifying the order dated 11th Sept., 2018, the learned Single Judge proceeded to pass the following order on 20th Nov., 2018:-