← Library
Calcutta High CourtWPA/12565/2025dismissed as infructuous

Sristidhar Ghosh v. State Of West Bengal And ORS.

2025-07-02Hon'Ble Justice Om Narayan Rai2 pages

N.22Sl WPA 12565 of 2025 151/CL Sri Sristidhar Ghosh 02.07.25 Suppl-01 v.

The State of West Bengal & Ors.

Ct.551 (S.R.) Mr. Sanat Kumar Roy ... for the petitioner.

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ... for the State.

Yesterday i.e. on July 1, 2025, this matter was heard at length and judgment and order was dictated in open Court. The operative portion thereof is as follows:- "In view of the aforesaid, WPA 12565 of 2025 stands disposed of by directing the concerned Transport Authority to issue temporary permit to the petitioner in terms of the order dated January 6, 2025 passed in WPA 16318 of 2024. It is clarified that the said permit shall be subject to the order passed by this Court in WPA 16318 of 2024 as already indicated by this Court in the orders dated August 19, 2024 and January 6, 2025 passed in WPA 16318 of 2024."

While finalizing the order and prior to signing it I decided to check the status of WPA 16318 of 2025 when I discovered that the said writ petition was disposed of on April 30, 2025 i.e. even before the instant writ petition was filed. Therefore, I did not sign the order and directed the matter to be listed under the heading "To Be

Mentioned" today.

Since, WPA 16318 of 2025 stood disposed of by an order dated April 30, 2025 this writ petition no longer survives.

This aspect was not brought to the notice of the Court by any of the parties during hearing and as such, the Court proceeded to hear the matter and dictate orders. However, since it has come to the notice of the Court that the cause of action for this writ petition no longer survives, the same can no longer be allowed to remain alive. Accordingly, the unsigned judgment and order dictated on July 1, 2025 stand recalled. WPA 12565 of 2025 stands dismissed as having become infructuous.

There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)