Calcutta High CourtWPA/11804/2023dismissed as not pressed

Sk. Mafibar v. State Of West Bengal And ORS.

2023-09-01Hon'Ble Justice Suvra Ghosh2 pages

01.09.2023 rc/ct.no.10 Item No.24 WPA No. 11804 of 2023 Sk. Mafibar

Versus

The State of West Bengal & Ors.

Mr. Dipanjan Dutta Mr. Sayan Datta Mrs. Tanusree Bag ...for the petitioner Mr. Santanu Mitra Mrs. Rama Halder ...for the State Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Mofakkerul Islam Mr. Sk. Saidullah Mr. Mithun Mondal Mr. Md. Arsalan ...for the respondents no. 4,5,7,8,9,10&11 Affidavit of service filed by the petitioner is taken on record.

The petitioner has filed a title suit being TS No. 179 of 2022 before the learned Civil Judge, Junior Division, Second Court, Uluberia, Howrah praying for a decree for declaration and permanent injunction. The issues in the title suit are identical to that of the writ petition. The suit is still pending.

The petitioner submits that he does not intend to the proceed with the writ petition any further.

In view of the above, the writ petition being WPA No. 11804 of 2023 is dismissed for non-prosecution. There shall, however, be no order as to costs.

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

(Suvra Ghosh,J)