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Calcutta High CourtMAT/412/2023dismissed

Sandhya Mura v. State Of West Bengal And ORS.

2023-12-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

Ct-08 ar 14.12.2023 MAT 412 of 2023 with I.A No. CAN 1 of 2023 Sandhya Mura Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari Syed Mansur Ali ... For the Appellant Mr. Jyoti Prokash Chatterjee Mr. Debottam Das ... For the School Authority

1. The only ground on which we are dismissing the appeal is that the dispute does not involve any public law element. However, this order shall not prevent the appellant to initiate appropriate proceeding in accordance with law.

2. It is made clear that neither the observation of the learned Single Judge nor by us in this order shall influence any future proceeding if initiated by the appellant in accordance with law with regard to his eviction from the premises of the school. We make it clear that we have not gone into the merits of the dispute.

3. In view of the above, the appeal being MAT 412 of 2023 stands dismissed.

4. In view of dismissal of the appeal, nothing remains to be decided in the application for stay being CAN 1 of 2023 and the same is accordingly dismissed.

5. However, there shall be no order as to costs.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Uday Kumar,J.) (Soumen Sen, J.)