Tuhirul Islam v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

23.02.2022 CONSTITUTIONAL WRIT JURISDICTION Court No. 23 APPELLATE SIDE d.g.

WPA 174 of 2022 Tuhirul Islam Vs.

The State of West Bengal & Ors.

Mr. Chitrak Biswas, Mr. Prasenjit Burman.

... for the petitioner Ms. Chaitali Bhattacharya, Mr. Subhendu Roychoudhury.

... for the State Mr. Pradip Kumar Roy, Mr. Joydeep Roy.

... for the P.S.C.

Affidavit-of-service filed in Court today is taken on record.

The advocate for the petitioner submits that after due consideration of the various provisions of law and upon instruction he intends to withdraw the matter with leave to file afresh on the self-same cause before the appropriate forum.

Considering the embargo under the Administrative Tribunals Act, 1985, this Court lacks the jurisdiction to receive, try and determine the writ petition. The writ petition stands dismissed as withdrawn without any order as to cost with liberty to the petitioner to file afresh on the self-same cause, if any, before the appropriate forum. The petitioner shall be also entitled to claim benefit on the principles analogous to Section 14 of the Limitation Act, 1963 for the period between 5th January, 2022

being the date on which the writ petition was filed till today (23rd February, 2022) for having proceeded before a Court without jurisdiction, if he approaches the appropriate forum on advice.

(Arindam Mukherjee, J.)