Ashim Addya v. Union Of India And ORS.

05.03.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 5067 of 2025 Ashim Addya -versus Union of India & Ors.

Mr. Vivekananda Bose, Mr. Ratikanta Pal.

...For the Petitioner.

Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar.

...For the State.

Mr. Rajdeep Majumder, Mr. Sukanta Ghosh.

...For the Respondent Nos. 1, 2 and 4.

1.

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

2.

Learned advocate appearing on behalf of the Union of India has obtained instruction from the Ministry of Environment, Forest and Climate Change wherein it has been mentioned that the appeal against the order passed by the Chief Wild Life Warden and Management Authority, West Bengal will lie before the Central Government but the appellate authority is yet to be designated. The Ministry is in the process of designating the appropriate appellate authority and the same will take some time.

3.

The learned counsel representing the Union of India seeks three months' time for designating the appellate authority.

4.

According to the provisions of law, sixty days is the time period for preferring the appeal against the order passed by the Chief Wild Life Warden.

5.

As the appellate authority is yet to be notified, it will be open for the aggrieved party to file the appeal before the Central Government, Ministry of Environment, Forest and Climate Change. If the appellate authority is designated in the meantime, then the appellate authority shall take steps to dispose of the appeal to be filed by the petitioner.

6.

As the petitioner claims that he will be facing financial losses if the authority does not permit the petitioner to breed and sell the exotic species, the Central Government is directed to take a decision as to whether the petitioner may be permitted to continue the process of breeding and transferring the exotic species during the pendency of the appeal.

7.

No coercive steps shall be taken against the aggrieved party till the appeal is taken up for consideration by the appellate authority, provided the appeal is filed within the statutory time period. 8.

Till the appellate authority is formally notified, the Central Government will designate a competent person to decide the appeal in the interregnum.

9.

The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)