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Calcutta High CourtWPA/21140/2022disposed

Tapan Saha v. State Of West Bengal And ORS.

2023-12-21Hon'Ble Justice Amrita Sinha3 pages

03, 04 & 05 21.12.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 21140 of 2022 Tapan Saha -versus The State of West Bengal & Ors.

Mr. Biakash Ranjan Bhattacharya, Sr. Adv., Ms. Jhuma Chakraborty, Mr. Rahul Kumar Saha.

...For the Petitioner.

Mr. Amitava Chaudhuri, Mr. N. Roy, Mr. C. Chakraborty.

...For the Nadia Zilla Parishad.

Mr. Atanu Biswas.

...For the Kalna Municipality.

With W.P.A. 21564 of 2022 Kalna Municipality & Ors.

-versusThe State of West Bengal & Ors.

Mr. Atanu Biswas.

...For the Petitioner.

Mr. Santanu Kumar Mitra, Mr. Amartya Pal.

...For the State.

Mr. Amitava Chaudhuri, Mr. N. Roy, Mr. C. Chakraborty.

...For the Nadia Zilla Parishad.

With W.P.A. 26709 of 2023

Murshidaband Patni Co-operative Society Ltd. & Anr.

-vsState of West Bengal & Ors.

In Re: WPA 21140 of 2022 Tapan Saha filed the writ petition challenging the e-auction notice issued by the Nadia Zilla Parishad. Nadia Zilla Parishad has published a corrigendum notice on 17th July, 2023 by canceling the impugned e-auction notice.

In view of the cancellation of the e-auction notice, nothing remains to be decided in the instant writ petition.

The writ petition has become infructuous.

In Re: WPA 21564 of 2022 The auction notice dated 31st August, 2022 published by the District Magistrate, Purba Bardhaman stood cancelled vide corrigendum notice dated 1st September, 2022.

The position as it stands today is that fresh auction is required to be conducted for operation of the ferry ghat.

The authorities are directed to take steps in the matter in accordance with law. The authorities shall take necessary steps to conduct the auction by 31st January, 2024.

The Kalna Municipality is apprehensive that Nadia Zilla Parishad may disturb the operation of the ferry ghat.

Learned advocate appearing for the Nadia Zilla Parishad submits that in view of the cancellation of the auction notice, there is no scope on the part of the Nadia Zilla Parishad to interfere with the running of the ferry by the Kalna Municipality.

The instant writ petition has also become infructuous in view of the subsequent developments. In Re: WPA 26709 of 2023 Let the matter appear in the list on 22nd December, under the heading "To Be Mentioned".

( Amrita Sinha, J.)