Khalida Khatun v. State Of West Bengal And ORS.

24.03.2025.

Item No. 13.

Court No. 13 ap F.M.A. 498 of 2025 With I.A. No. CAN 1 of 2025 And I.A. No. CAN 2 of 2025 Khalida Khatun

Versus

The State of West Bengal & Ors.

Mr. Biswarup Bhattacharjee, Mr. Anindya Sundar Das, Mr. Shaunak Ghosh, Mr. Syed Ali Afzal, Ms. Paramita Mondal.

...For the appellant.

Mrs. Sonal Sinha, Mrs. Ashmita Chakraborty.

...For the State.

1.

The instant appeal is directed against an order dated 26th February, 2025 passed by a learned Single Judge in W.P.A. No. 3086 of 2025 where the learned Single Judge has only called for an affidavit-inopposition/report from the State Authorities as well as the private respondent. The matter is fixed for hearing in the third week of April, 2025.

2.

This Court finds absolutely no reason whatsoever for the appeal to have been preferred. 3.

The learned Single Judge has not pronounced upon the matter either way.

4.

This Court is of the view that the appeal is in gross abuse of process of law and is liable to be dismissed with costs assessed at Rs.17,000/- (Rupees seventeen thousand only) payable by the appellant to

the State. The payment of costs shall be a precondition for the learned Single Judge to hear the matter on the date fixed by him.

5.

In view of the dismissal of the appeal itself, all the pending connected applications are dismissed. 6.

There will be no order as to costs.

7.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)