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Calcutta High CourtWPA/19669/2023disposed as infructuous

Surajit Burman v. State Of West Bengal And ORS.

2023-10-10Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

D/L. 17.

October 10, 2023.

MNS.

WPA No. 19669 of 2023 Surajit Burman Vs.

The State of West Bengal and others Mr. Anindya Lahiri, Mr. Arkadipta Sengupta, Mr. Sagnik Chatterjee, Mr. Subhajit Das, Ms. Deboleena Ghosh, Mr. Alminhaz Kamin, Ms. Aayushi Mukherjee, Ms. Kakali Das Chakraborty ... for the petitioner.

Mr. Somnath Ganguli, Mr. Sukalpa Seal ...for the State.

Ms. Sonal Sinha, Mr. Avishek Prasad ...for the respondent nos. 9 and 10.

1. Affidavit-of-service filed in Court today be kept on record.

2. The present writ petition has been preferred challenging a memo issued by the concerned District Magistrate on the District Registrar, Malda, restraining registration with regard to a deed in respect of a particular area, which is allegedly sub judice before the National Green Tribunal (NGT).

3. In the meantime such memo has been withdrawn and, as such, the writ petition has become infructuous.

4. Accordingly, WPA No. 19669 of 2023 is disposed of as infructuous.

5. The petitioner will be at liberty to take out the challenge as to the maintainability of the petition before the NGT before such Tribunal and if an approach is made by the petitioner for the limited purpose of challenging maintainability, the Tribunal shall decide the said issue in accordance with law.

6. There will be no order as to costs.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)