Union Of India & ORS. v. Apurba Lal Biswas

IN THE HIGH COURT AT CALCUTTA

(Appellate Side) CONSTITUTIONAL WRIT JURISDICTION CAN No. 12728 of 2019 And CAN No.10635 of 2019 In WP.CT 81 of 2019

Reserved on: 24/02/2021

Pronounced on: 05/03/2021 Union of India and Others ........Petitioners Through:- M/s. Jayanta Banerjee and Avinash Kankani, Advocates ...for the petitioners present in Court -VsApurba Lal Biswas ........Respondent Through:- Mr. Pratik Dhar, Senior Advocate with M/s Ujjal Ray, Ashok Chakraborty and Arpa Chakraborty, Advocates ...for the respondent present in Court Coram: THE HON'BLE JUSTICE RAJESH BINDAL THE HON'BLE JUSTICE ANIRUDDHA ROY

ORDER

Rajesh Bindal, J.

1.

The aforesaid applications have been filed in the present writ petition stating that the applicants herein had filed O.A. Nos. 1214-1215 of 2016 which were disposed of in terms of earlier order passed by the Tribunal in

CAN No. 12728 of 2019 in WP.CT 81 of 2019 O.A. Nos.350/520 of 2016 title as Apurba Lal Biswas vs. Union of India dated March 08, 2018 which has been impugned in the present bunch of petitions. As the grievance of the applicants is also same, they are necessary party to be impleaded in the present proceedings.

2. After hearing the learned counsel for the applicants we do not find any merit therein. Merely because they had filed an application before the Tribunal which was disposed of in terms of the order impugned in the present writ petition, they cannot be permitted to be impleaded as respondents in the present writ petition as they have their independent cause of action for enforcement of their rights or redressal of their grievance. 3.

The present applications are, accordingly, dismissed. (RAJESH BINDAL) JUDGE (ANIRUDDHA ROY) JUDGE Kolkata 05 /03/2021 ------------------- PA