Raj Kumar Das v. State Of West Bengal And ORS.

12.12.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23120 of 2023 Raj Kumar Das Vs.

State of West Bengal & Ors.

Mr. Anindya Lahiri, Ms. Pranati Das ...for the petitioner Mr. Wasim Ahmed, Mr. Sk. Md. Masud ...for the State Mr. Raja Saha, Mr. Sanjay Mukherjee ...for the respondent no. 5 1.

Affidavit-of-service filed in Court today be kept on record.

2.

The petitioner had applied for information but had allegedly obtained partial information. In the perception of the petitioner, full information was not furnished, for which the petitioner preferred a first appeal. Thereafter, by virtue of an order of this Court dated July 07, 2023 passed in W.P.A No. 15285 of 2023, the petitioner preferred a second appeal. It is argued that the said second appeal is still pending.

3.

Learned counsel appearing for the second appellate authority/respondent no. 5 points out

that the appeal has only been filed recently and is still pending. That apart, the petitioner has sought for the information, which is the subject matter of the second appeal itself, by way of a relief in the present writ petition.

4.

Irrespective of the relief sought in the writ petition, the crux of the prayer of the petitioner is that the second appeal has been pending since long. Although the second appeal has been filed only after July, 2023, for the ends of justice, it would be appropriate that the second appellate authority decides the same at the earliest.

5.

Accordingly, W.P.A. No. 23120 of 2023 is disposed of by directing the respondent no. 5, the second appellate authority, to decide the petitioner's appeal pending before it as expeditiously as possible, positively within February 15, 2024.

6.

There will be no order as to costs.

7.

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.)