Parabir Saha v. State Of West Bengal & ORS

21.02.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21906 of 2017 Prabir Saha Vs.

The State of West Bengal & Ors.

Mr. Sourav Kumar Mukherjee, Mr. Koushik Chowdhury ... for the petitioner Mr. Satyajit Talukder, Ms. Rutika Verma ...for the KMDA

1. The affidavit-in-opposition filed today be kept on record.

2. However, no further time is granted for filing the reply in view of the prayer made by the petitioner, who seeks to withdraw the present writ petition with liberty to prefer a proper challenge/join the pending challenge before the appropriate forum.

3. Accordingly, W.P.A. No. 21906 of 2017 is dismissed as withdrawn with liberty to the petitioner to sue for the self-same cause of action before the appropriate forum.

4. Written instruction filed by the petitioner be kept on record as well.

5. There will be no order as to costs.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)