Calcutta High CourtMAT/1510/2023disposed

Masrur Alam v. Canara Bank And ORS

2023-10-19The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya3 pages

19.10.2023 Item No.13 RP/AN Ct. No.1 MAT 1510 of 2023 + IA No.CAN 1 of 2023 Masrur Alam Vs.

Canara Bank & Ors.

Mr. Swarup Banerjee Mr. Arindam Chatterjee Md. Salman .....for the Appellant Mr. Debottam Das Mr. Ayanabha Raha Mr. Omkar Ganguly .....for the respondents no.1, 2 and 3 Ms. Sima Adhikari Ms. Kakali Naskar ..... for State respondent

1. This intra-Court appeal filed by the petitioner is directed against the order dated 17th July, 2023 passed in WPA 15490 of 2023. The writ petition was filed for a positive direction upon the respondents to furnish certain information under the Right to Information Act, 2005 (in short "Act"). The writ petition was dismissed by the impugned order, however, noting the facts that the writ petitioner has already approached the 2nd Appellate Court under the Act, it was observed that dismissal of the writ petition will not preclude the petitioner from pursuing such remedy.

2. It is submitted by the learned advocate for the appellant/writ petitioner that the second appeal

petition has been returned on four occasions by the Central Information Commission and last of such return was made on 1st August, 2023. The said return memo has been filed along with supplementary affidavit. On perusal of the same it is seen that the second appeal has been returned as time barred and that the appellant has not made any request for condonation of delay. Therefore, the appeal was returned for removal of deficiency. The appellant by way of filing a writ petition has sought for the same relief. Therefore, we are of the view that the learned Single Bench was right in dismissing the writ petition and no grounds have been made in the appeal for interference.

However, taking note of the fact that the second appeal has been returned by the Central Information Commission on 1st August, 2023 we direct the appellant to represent the said appeal along with an application for condonation of delay within a period of three weeks from the date of receipt of the server copy of this order.

preferably within a period of eight weeks from the date on which the second appeal is presented in full form after removing the deficiency and defects.

3. The appeal and the connected application are, thus, disposed of.

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