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Calcutta High CourtFMA/662/2022dismissed

Krishnendu Das Gupta v. Union Of India And ORS.

2022-09-26Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

26.09.2022 Item No.16 Crt. No.11. FMA 662 of 2022 KB with IA No. CAN 1 of 2022 Krishnendu Das Gupta & Ors.

Versus

Union of India & Ors.

Mr. A. B. Chatterjee Mr. Samiran Mondal Mr. Nitish Samanta .... For the Appellants.

The instant appeal has been filed challenging an order dated February 14, 2022 passed by the Hon'ble Single Judge in WPA 21294 of 2021.

By the order impugned, the Hon'ble Single Judge observed that the matter can be adjudicated only after affording the respondents an opportunity to disclose their stand on affidavits.

Direction for exchange of affidavits was passed and liberty was also granted to the writ petitioner to mention for inclusion in the list under the heading "Hearing" after twelve weeks. The said period of 12 weeks have also expired in the meantime.

After hearing the learned advocate for the appellant, this Court is of the considered view that this appeal challenging an interlocutory order directing exchange of

affidavits lacks merit and the same accordingly stands dismissed without any order as to costs.

The connected application also stands dismissed accordingly.

Learned advocate for the appellant is directed to communicate this order to the learned advocate representing the respondents in the writ proceeding. All parties to act in terms of a copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Hiranmay Bhattacharyya, J.) (Subrata Talukdar, J.)