Rabi Raut v. State Of West Bengal And ORS.

04.01.2024 A.G.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side RVW 34 of 2022 With CAN 2 of 2022 In WPA 816 of 2022 Rabi Raut -versus The State of West Bengal & Ors.

Mr. Supriyo Chattopadhyay Mr. Samaresh Chandra Dhara ...For the Petitioner.

Mr. Tanmoy Mukherjee.

Mr. Kamal Mishra Mr. Pratap Sanfui.

Mr. S. Maitra.

... for the DPSC, Purba Medinipur.

Mr. B. P. Vaisya.

... For the State.

The petitioner seeks review of the order dated 14th February, 2022.

It appears that the said order was passed at the motion stage relying upon the submission made on behalf of the respective parties.

At the review stage the petitioner submits that certain documents were not placed before the Court on the very first day when the writ petition was disposed of. Had those documents being produced before this Court, then the order dated 14th February, 2022 would not have been passed.

Learned advocate representing the respondent submits that no ground for review has been made out in the review application. Prayer has been made for dismissal of the review petition.

Upon hearing the parties it is seen that, admittedly, the writ petition was disposed of at the motion stage without calling for affidavit.

In view of the above, the Court is of the opinion that an opportunity ought to be given to the respondents to disclose their stand and to produce documents in support of their submission made on the very first date by filing affidavit-in-opposition. Accordingly, the order dated 14th February, 2022 stands recalled.

On the prayer of the learned advocate representing the official respondents, time to file affidavit-in-opposition is granted till 25th January, 2024. Reply, if there be any, be filed two weeks thereafter.

Liberty to mention for hearing before the appropriate Bench.

Review application stands disposed of.

( Amrita Sinha, J.)