Prem Chand Jaiswal v. Cesc Limited And ORS

Supp.02 04.05.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 7579 of 2021 Prem Chand Jaiswal Vs.

CESC Limited & Ors.

Mr. Gopal Chandra Ghosh ... For the petitioner The matter which has been listed upon being mentioned before the Vacation Bench is WPA 7579 of 2021 (Prem Chand Jais v. CESC Limited & Ors.). Advocate for the petitioner says that he wanted the writ petition, being WPA 9385 of 2021, to be listed. The mentioning in respect of the writ petition, being WPA 9385 of 2021, appears to have either not been made or disallowed or wrong number has been provided at the time of mentioning.

In such circumstances, WPA 9385 of 2021 cannot be taken up.

In respect of WPA 7579 of 2021, which is appearing in the supplementary list as item no.2 upon the mentioning being allowed today, it is submitted by the advocate for the writ petitioner that the said writ petition has become infructuous. Even from the order dated 7th April, 2021 passed in WPA 7579 of 2021, it appears that

the Appellate Authority has passed the final order and it was submitted by CESC Limited that the writ petition has, for all practical purpose, become infructuous. Although WPA 7579 of 2021 has been adjourned till 10th May, 2021 by an order dated 13th April, 2021 but keeping an infructuous writ petition pending when the same has appeared in the list will not enure to the benefit of any of the parties. The writ petition, being WPA 7579 of 2021, is disposed of without any order as to costs, recording the petitioner's submission that the same has become infructuous.

Nothing further remains to be adjudicated in this writ petition.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

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

(Arindam Mukherjee, J.)