Asim Biswas v. State Of West Bengal And ORS.

S/L 8 02.04.2025 Court. No. 236 Suvayan WPA 5987 of 2025 Sri Asim Biswas Vs.

The State of West Bengal & Ors.

Mr. Sanjib Bandhopadhyay Mr. Manaj Kr. Mondal ...for the petitioner.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State.

Mr. Sanjay Saha Mr. Raju Mondal ...for the respondent nos. 2 & 3.

1. The affidavit-of-service as filed today is taken on record.

2. The writ petitioner, the respondent/State and its functionaries viz.; respondent nos. 1, 4 to 7 and the respondent nos. 2 and 3 are represented by their respective learned Advocates.

3. Challenge in the instant writ petition is the order dated 11.06.2024 as passed in Misc. Case No. 9 of 2024 by the respondent no. 6 whereby and whereunder the said respondent no. 6 came to a finding that the lease as has been executed in favour of the writ petitioner was not renewable.

4. In course of hearing it is made known to this court that the order under challenge in the instant writ petition is an appealable order.

5. In view of such, liberty is given to the writ petitioner to file statutory appeal on the self-same cause of

action before the jurisdictional appellate authority positively within three weeks from today.

6. In the even such an appeal is filed the jurisdictional appellate authority shall decide the same and dispose it of within a period three months from the date of registration of the appeal, after granting opportunity of hearing to all the parties concerned in the appeal and by passing a reasoned order in accordance with law.

7. It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge all points before the jurisdictional appellate authority.

8. Since affidavits are not called for the allegations made in the writ petition are deemed not to have been admitted by the respondents.

9. With the aforementioned observation, the instant writ petition being WPA 5987 of 2025 is disposed of.

10. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)