State Of West Bengal And ORS. v. Kalabati Mondal And ORS

26.04.2023 Ct. No.1 Item No.6 PG/KS M.A.T.862 of 2022 With I.A. No. C.A.N. 1 of 2022 State of West Bengal & Ors.

-Vs.- Smt. Kalabati Mondal & Ors.

Sk. Md. Galib Mr. Debasis Ghosh Ms. Subhra Nag .....For the State/Appellants Mr. Rabi Sankar Chattopadhyay Mr. Anindya Sundar Das Mr. Anup Dasgupta Mr. Sujit Bhunia Mr. Debapriya Samanta Mr. Krishna Keshab Paul Mr. Debashis Dey .....For the respondents/writ petitioners Mr. Dhiraj Trivedi Mr. Somnath Adhikary .....For the Respondent Nos.3, 6 & 7 Mr. Billwadal Bhattacharya, Ld. Dy.S.G.I.

Mr. Kallol Mondal .....For the C.B.I.

Mr. Bhaskar Prosad Banerjee Mr. Debasis Tandon .....For the N.I.A.

1.

This appeal by the State is against an interim order passed by the learned Writ Court dated 19th May, 2022 in W.P.A. No.9138 of 2022.

2.

We find that the learned Writ Court had directed the matter to be listed on 21st June,

2022 for further consideration. Therefore, the present appeal itself is not maintainable as the learned Single Bench has not finally disposed of the stay application. However, it is brought to our notice that thereafter the learned Single Bench has passed another order on 20th February, 2023 in W.P.A. 9138 of 2022 and another order, which is in I.A. No. CAN 2 of 2023 on 11th April, 2023.

3.

Therefore, we cannot entertain this appeal at this juncture as the order impugned in this appeal has already merged/modified by subsequent orders.

4.

Accordingly, the appeal stands disposed of leaving it open to the appellants to urge all grounds in the pending writ proceedings or if they are aggrieved by any subsequent orders passed by the learned Writ Court.

5.

There shall be no order as to costs.

6.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T. S. SIVAGNANAM) ACTING CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)