Kawna Chatterjee v. Union Of India And ORS.

23.03.2026 Court No.25 D/L No.12 S. Gayen

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 5902 of 2026 with CAN 1 of 2026 Kawna Chatterjee

Versus

The Union of India & Ors.

Mr. Sudip Deb, Sr. Adv.

Mr. Sumitava Chakraborty Ms. Bratati Pramanick Mr. Aniruddha Das ...for the Petitioner Mr. Ajit Kumar Mishra Mr. Partha Sarathi Mondal ...for the Union of India Mr. Chayan Gupta Ms. Abhismita Goswami ...for the Applicant in CAN 1 of 2026

1. The petitioner has field the present writ application praying for a direction upon the respondents to file a report as regard to the proof of delivery in connection with the track consignment No. CD780116485IN.

2. By an order dated 11th March, 2026, the learned counsel appearing for the authorities prays for time to take instruction. Today when the matter was called, the learned counsel for the Postal Authorities has submitted the report wherein it is mentioned that "Upon inquiry it was found that no such application was presented at the Receipt and Dispatch section of this Office on 09.03.2026. However, the consignment in

question was delivered on the same day on which it was received; i.e. on 02.08.2025 (the authenticated copies of delivery slip and SAP tracking report of this Office is attached for kind reference)".

3. By referring the said report, the learned counsel for the Postal Authorities has drawn the attention of this Court to the delivery manifest of Chand Kumar and submits that serial No.41 mentioned about the consignment No. CD780116485IN and as per the manifest the item was delivered to the consignee.

4. One Mr. Ankit Juneja has filed an application being CAN 1 of 2026 praying for addition of party on the ground that the applicant is one of the respondents before the National Consumer Disputes Redressal Commission at New Delhi.

5. The copy of the report has also been served to Mr. Gupta who is appearing for the applicant. Mr. Gupta has disputed with regard to the said document and the report.

6. This Court finds that the petitioner intends to prove that the notice sent by the Office of the National Consumer Disputes Redressal Commission being consignment No. CD780116485IN was delivered to the applicant. As per the report, consignment was delivered to the applicant but the applicant is denying the same.

7. The writ Court under Article 226 of the Constitution of India, this Court cannot decide whether the speed post cover has been delivered to the applicant or not.

8. Considering the above, the writ petition is disposed of by giving liberty to the petitioner to prove the service of the consignment No. CD780116485IN upon the applicant before the National Consumer Disputes Redressal Commission in accordance with law.

9. As this Court has disposed of the writ petition and the connected application at the motion stage without calling affidavits, the allegations made in the present writ application and the application deemed to have been denied.

10. WPA 5902 of 2026 along with CAN 1 of 2026 are disposed of.

11. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Krishna Rao, J.)