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Calcutta High CourtWPA/21952/2023dismissed

Snehasish Karan v. State Of West Bengal And ORS.

2023-09-26Hon'Ble Justice Lapita Banerji2 pages

26.09.2023 D.Hira Ct. 25 WPA 21952 of 2023 Snehasish Karan Vs.

State of West Bengal & Ors.

Mr. Sudip Bhattacharya.

.....for the petitioner Ms. Kakali Samajpaty.

... for the State Ms. Samajpaty, learned counsel appearing on behalf of the State respondents challenges the maintainability of the writ petition before this Court. The petitioner was working as a constable under the Superintendent of Police, North parganas, Government of West Bengal.

Considering the submissions of the parties and the materials placed on record this Court is of the view that the appropriate Tribunal is the Court at the first instance the following Apex Court's judgment reported in (1997) 3 SCC 261 (L. Chandra Kumar vs. Union of India & Ors.).

Therefore, this Court has no jurisdiction to receive, try and entertain the present writ petition. Accordingly, WPA 21952 of 2023 is dismissed.

The petitioner will be at liberty to file appropriate proceedings on the self-same cause of action, if so advised.

It is made clear that this Court has not gone into the merits of the case.

All parties are directed to act on a server copy of this order, duly downloaded from the official website of this Hon'ble Court.

(Lapita Banerji, J.)