Ashish Bhunia Alias Ashis Bhunia v. State Of West Bengal And ORS.
Form No. J.(2) Item No.11
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
CONSTITUIONAL WRIT JURISDICTION APPELLATE SIDE HEARD ON: 19.02.2025 DELIVERED ON: 19.02.2025
CORAM:
THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS) M.A.T. 199 of 2025 With I.A. No. CAN 1 of 2025 Shri Ashish Bhunia @ Ashis Bhunia Vs.
The State of West Bengal & Ors.
Appearance:- Mr. Pratik Dhar, Sr. Adv.
Ms. Kolpita Paul ......For the Appellant Mr. K. J. Yusuf, Ld. A.G.P.
Mr. Parikshit Goswami .........For the State Mr. Sudipta Dasgupta Mr. Sandip Sutradhar Mr. Baibhav Roy .....For the Respondent Nos.5 & 6 Mr. Sandipan Banerjee Mr. Sobhan Majumder Ms. Utsa Dutta .....For the Respondent No.7
JUDGMENT
(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.) 1.
This intra-Court appeal by the respondents in W.P.A. No.222 of 2025 is directed against an interim order of status quo passed by the learned Single Bench dated 21st January, 2025.
2.
The other private respondents in the writ petition have filed two applications for vacating the interim order dated January 21, 2025 and those applications in CAN 1 of 2025 and CAN 2 of 2025 have been directed to be listed for
consideration on February 20, 2025 and the interim order, which was subsisting was directed to remain in force till March 7, 2025 or until further order, whichever is earlier.
3.
In our considered view, the learned Single Bench is yet to dispose of the applications or the writ petition and it is only an interim order. Therefore, at this juncture, we do not propose to interfere with the interim order of status quo granted by the learned Single Bench, but would request the learned Single Bench to hear out the parties with regard to the order of status quo, which has been passed in the hearing fixed on 20th February, 2025. 4.
The learned Senior advocate appearing for the appellant submitted that the writ petitioner is not a participant in the tender and therefore, the question of granting an interim order of status quo at his instance would not arise. There are other points, which have also been urged by the learned senior advocate appearing for the appellant.
5.
We give liberty to the appellant to canvass all points when the matter is heard by the learned Single Bench on 20th February, 2025. 6.
With the above observations, appeal and the connected application stand disposed of.
7.
No costs.
8.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.
(CHAITALI CHATTERJEE (DAS) J.) Pallab/KS AR(Ct.)