Murlidhar Ratanlal Exports Limited v. State Of West Bengal And ORS.

28.08.2025 Ct. No. 30 S.L. No. 11 SM WPA 9060 of 2025 Murlidhar Ratanlal Exports Limited

Versus

The State of West Bengal & Ors.

Mr. Soumya Majumdar, sr. adv.

Ms. Amrita Pandey Ms. Bipasha Jaiswal Ms. Sneha Singh (V/C) ......for the petitioner Mr. Nilotpal Chattopadhyay Mr. Akash Dutta ......for the State Mr. Uddipan Banerjee Mr. Subhrakanti Samanta .....for the respondent no. 5 1.

The writ application has been preferred challenging the orders dated 2nd July, 2024 and 13th September, 2024(in review) passed by the Controlling Authority being respondent no. 2 and all orders passed by the Certificate Officer.

2.

Admittedly no appeal has been preferred by the writ petitioner, who has challenged the jurisdiction of the Controlling Authority before the Certificate Officer and also before this Court.

3.

On hearing the parties the writ application is disposed of with the direction that the writ petitioner is at liberty to prefer an appeal before the appellate authority challenging the order of the Controlling Authority, while also raising the point of jurisdiction before the appellate authority, within 30 days from the date of this order and on an appeal being filed,

the authority shall dispose of the appeal expeditiously.

4.

Period of limitation is extended accordingly in the interest of justice.

5.

Pending hearing of the appeal, the certificate proceedings before the Certificate Officer be stayed till disposal of the appeal by the appellate authority. 6.

In case no appeal is preferred as per leave granted, the order of stay shall stand automatically vacated.

7.

It is made clear that this Court has not gone into the merits of the case nor the jurisdiction issue, which the appellate authority is at liberty to decide and come to its independent finding.

8.

Writ application stands disposed of.

9.

Applications, if any, connected thereto stand disposed of consequently.

10.

Interim order, if any, stands vacated.

11.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]