Sarifa Khatun v. State Of West Bengal & ORS

FMA 4754 of 2015 CAN 1 of 2015 (old CAN 9846 of 2015) Item-8.

13-10-2023 Sarifa Khatun sg

Versus

The State of West Bengal & Ors.

Ct. 8

1. The parties are not represented nor any accommodation is prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and from 19th September, 2023 with a clear indication that the said matter shall be transferred to the Regular Bench on 6th October, 2023. The appeal is again listed today in the main cause list. All the parties have sufficient notice about the listing of the matter before the Regular Bench on and from 6th October, 2023.

3. The appeal was filed on 21-09-2015. The record shows that no attempt has been made to move this appeal after it was filed. No step has been taken to serve notice and prepare paper books. It clearly shows that the appellant is not interested to proceed with the appeal and have virtually abandoned the appeal.

4. However, we have considered the materials on record and the impugned order. The dispute was with regard to nondisclosure of the Government Order bearing No. 86SE(EE)/10M-6/15 dated February 2, 2015. While the prayer before the learned Single Judge as contended that the writ petitioner has been given the benefit of the Order dated 31st July, 2014 passed in W.P. No. 16548(W) of 2014, the writ petitioner disputed the same and contended that the

application under Right to Information Act has not been processed.

5. On such consideration, the writ petition was disposed of with the following directions:

"The authorities concerned will provide the information as sought for by the writ petitioner vide application dated July 13, 2015. The Board will provide the writ petitioner with the digital data sought for upon the writ petitioner's depositing the requisite money and complying with other formalities within seven days thereof.

The Board will also make over a copy of the Government Order No. 86-SE(EE)/10M-6/15 dated February 2, 2015 to the learned Advocate-on-Record for the writ petitioner within seven days from the date of communication of this order.

In view of the directions contained herein, no further order needs be passed in the instant writ petition. The W.P. No. 17939 (W) of 2015 is disposed of."

6. In view of the above, we do not find any reason to interfere with the order passed by the learned Single Judge. The appeal fails. The appeal and the connected application are, accordingly, dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)