Samit Pradhan v. The State Of West Bengal And ORS.
01.07.2025
IN THE HIGH COURT AT CALCUTTA
Ct. No. 2 Constitutional Writ Jurisdiction Daily list Sl. No. 23 Appellate Side Moumita WPA 11809 of 2025 Samit Pradhan Vs.
The State of West Bengal & Ors.
Mr. Sayan Sinha Mr. Kausheyo Roy Ms. Alisa Das Mr. Nilanjan Bhattacharya ....For the petitioner Mr. Tapan Kumar Mukherjee, Sr. Adv.
Ms. Tuli Sinha ....For the state-respondent Mr. Sayan Sinha, learned counsel appears for the petitioner.
Ms. Tuli Sinha, leaned counsel led by Mr. Tapan Kumar Mukherjee, learned senior counsel appears for state-respondents.
Considering the issue involved in this writ petition and considering the reliefs claimed by the petitioner, this court is of the view that the cause in this writ petition is not amenable before the writ jurisdiction and the petitioner should approach and apply before the jurisdictional State Administrative Tribunal. In view of the above, the petitioner will be at liberty to file necessary proceeding before the jurisdictional State Administrative Tribunal within a period of three weeks from date.
In the event such an application is filed before the jurisdictional State Administrative Tribunal the petitioner shall be at liberty to file necessary interim application praying for necessary interim relief. In that case the Tribunal shall dispose of the prayer for interim relief in accordance with law and by passing a reasoned order within a period of six weeks from the date of filing of the application.
Thereafter, the Tribunal shall proceed to dispose of the main proceeding as expeditiously as possible but in accordance with law.
It is made clear that this court has not gone into the merit of the rival contentions of the parties and the parties shall be at liberty to take whatever points they wish to take before the jurisdictional Tribunal. With the above observations and directions, this writ petition, WPA 11809 of 2025 stands dismissed on the point of available alternative remedy only are not on merit.
(Aniruddha Roy, J.)