Shib Shankar Rungta v. State Of West Bengal And ORS.

Court No. 17 WPA 9663 of 2022 Shib Shankar Rungta 23.06.2022 Vs.

The State of West Bengal & Ors.

(AD 93) (S. Banerjee) Mr. Gaganjyot Singh ... for petitioner Mr. Susovan Sengupta Mr. Bipin Ghosh ... for the State Mr. Saikat Basu ... for the respondent no. 5 Mr. Singh, the learned advocate for the petitioner, has submitted that the petitioner has filed one criminal appeal before the District Judge in the District of Murshidabad. He submits that the order dated 20.04.2022 has already been stayed by the District Judge but he does not have either the copy of the order or the number of the case.

However, accepting such submission of the petitioner that the matter has already been taken up for adjudication before the District Judge, I hold that as alternative remedy has been availed of, the writ application does not lie. The petitioner cannot take both courses of action one before the Writ Court and the other before the District Judge.

Mr. Basu, the learned advocate for the respondent no. 5, has submitted that the confiscated good has already been sold to the Jute Corporation of India.

The petitioner has not been able to produce a copy of the order no. 1 dated 24.04.2022, which has been produced by the learned advocate for the State, Mr. Sengupta. Copy of the order is kept on record. The matter is dismissed.

(Abhijit Gangopadhyay, J.)