Sree Laxmi Agrotech And Rice Mill P. Ltd. v. State Of West Bengal And ANR

10.01.2024 Court No. 02 Item no.36 CP WPA No. 20917 of 2023 Sree Laxmi Agrotech & Rice Mill Pvt. Ltd.

Vs.

State of West Bengal & Anr.

Mr. Samrat Mukherjee Ms. Ledia Dasgupta ....... for the petitioner.

Mr. Rajarshi Basu Mr. Sanjib Dutta ....for the State.

Mr. Suddhasattwa Banerjee Mr. Abhijit Sarkar Mr. Abhik Chitta Kundu Mr. Sannidhya Datta .....for the respondent no.2.

Heard learned advocates appearing for the parties.

By this writ petition the petitioner has challenged the impugned order dated August 9, 2023, issued against the petitioner by the respondent West Bengal Financial Corporation, regarding release of custodianship from the mortgaged/hypothecated assets of the petitioner and on perusal of the same it appears that the same is neither non-speaking nor in violation of the principles of natural justice, nor contrary to any specific provision of law, nor the same is without jurisdiction. This case does not fall

in the exceptional cases for invoking the constitutional writ jurisdiction of this Court, under Article 226 of the Constitution of India.

Learned advocate appearing for the respondent Corporation submits that the impugned order is based on the notice which itself was not challenged and, as such, the petitioner cannot challenge such impugned order in this writ petition.

Considering the facts and circumstances of the case and submissions of the partiesm I find no merit in this writ petition. The writ petition being WPA No. 20917 of 2023 is accordingly dismissed.

(Md. Nizamuddin, J.)