State Of West Bengal & ORS v. Ismat Ara & ORS

22.02.2021 Item No. 12 Ct. No. 04 RP F.M.A. 448 of 2015 State of West Bengal & Ors.

Vs.

Ismat Ara & Ors.

Mr. Anindya Bose Mr. Diptendu Mondal......for respondent/ writ petitioner None appears on behalf of appellant though the appeal is ready for hearing on paper books filed and listed for hearing. Mr. Bose, learned advocate appears on behalf of respondent/writ petitioner. We reproduce below our order dated 12th February, 2021.

"Mr. Bose, learned advocate appears on behalf of respondent/writ petitioner. He is ready for hearing on the appeal where appellants (State) goes unrepresented. He submits, by impugned order dated 19th September, 2013 his client's writ petition was allowed on direction upon concerned respondents in the writ petition, to approve the panel. By order dated 22nd December, 2014, delay in preferring the appeal was

condoned and limited stay of operation of impugned order directed. He submits, subsequently the order was extended. He hands up notice dated 9th February, 2021 informing that the appeal had been mentioned for inclusion in the list. The notice bears acknowledgement of receipt by learned advocate engaged for appellant as on 10th February, 2021.

List this appeal on 18th February, 2021.

The adjournment is being granted as last chance for appellants to appear and present their case, failing which the appeal is likely to be dismissed.

We also reproduce contents of notice dated 18th February, 2021 issued on behalf of respondent and received by learned advocate for appellant.

"This is to inform you that the said abovementioned writ appeal was taken up by Their Lordships The Hon'ble Justice Arindam Sinha and The Hon'ble Justice Suvra Ghosh on 18.02.2021, when Their Lordships were pleased to fix the matter on 22.02.2021 since nobody appeared for the appellant, when please cause your appearance.

Enclosed herewith a server generated copy of the order dated 12.02.2021.

This is for your information and necessary action.

Thanking you."

In view of above, the appeal is dismissed.

(Arindam Sinha, J.) (Suvra Ghosh, J.)