Md Akbar Ali Laskar v. State Of West Bengal And ORS.
133-134 24.06.2022 TN RVW 167 of 2021 With WPA No.23637 of 2019 Md. Akbar Ali Laskar Vs.
The West Bengal State Electricity Distribution Company Limited and others Mr. Soujanya Bandyopadhyay .... for the review applicant Mr. Sounak Bhattacharya, Mr. Sounak Mondal .... for the writ petitioner/ respondent no.4 Mr. Sumit Ray .... for the WBSEDCL Learned counsel for the review applicant, being the private respondent no.4 in the writ petition bearing WPA No.23637 of 2019, has filed the review application primarily on two scores of errors apparent on the face of the record. It is contended that, it was recorded by this court in the first page of the order dated December 07, 2021 passed in WPA No.23637 of 2019 "... despite enjoying an injunction order against the private respondent from a civil court ..." and, in the second page, the expression "...although an
injunction order was passed in favour of the petitioner...", whereas the actual position was just the reverse. In fact, the injunction order had not been passed against the private respondent by a civil court. Moreover, the injunction order recorded to have been passed in favour of the petitioner in the second page of the order under review, had actually been passed against the petitioner.
Learned counsel appearing for the respondent in the review application and the writ petitioner, in his usual fairness, concedes to such error apparent on the face of the record, which cropped up in the order dated December 07, 2021.
Upon a perusal of the materials, it is evident that, as correctly contended by learned counsel, the said errors ought to be expunged and replaced in the said order.
Accordingly, in the order dated December 07, 2021 passed in WPA No.23637 of 2019, the expression "despite enjoying an injunction order against the private respondent from a civil court, which has been affirmed up to this court" shall be expunged from the first page.
Again, the expression "in favour of the petitioner" used in the third line of the second paragraph of the second page of the order dated
December 07, 2021 shall be deemed to stand corrected and be read as "against the petitioner". Let these corrections, as mentioned above, be deemed to stand incorporated in the order dated December 07, 2021.
The review application, bearing RVW 167 of 2021 is allowed, in the light of the above observations. This order be treated to be a part of the order dated December 07, 2021 in WPA No.23637 of 2019 for the purpose of issuance of certified copies. There will be no order as to costs.
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.)