Sk. Md. Jahangir v. The State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 26102 of 2024 Sk. Md. Jahangir VS The State of West Bengal & Ors.

11.11.2024 (Item No. 30) (AB) Ms. Manika Sarkar .... For the petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State Ms. Manika Sarkar, learned advocate appears for the petitioner.

Mr. Soumitra Bandyopadhyay, learned counsel with Mr. Priyabrata Batabyal, learned counsel appears for the State respondents.

Learned counsel for the petitioner on instruction prays for withdrawal of this writ petition since there is some formal defects in it with a leave to file afresh with the self-same cause of action. Mr. Soumitra Bandyopadhyay, learned State counsel referring to the averments made in paragraph 53 to this writ petition submits that in view of the said averments, the instant writ petition is not maintainable. An order dated November 12, 2018 in this regard is available at page 164 to the instant writ petition.

Be that as it may, on the basis of the submissions made by Ms. Manika Sarkar, learned advocate appearing for the petitioner, this writ

petition W.P.A. 26102 of 2024 stands dismissed as withdrawn with liberty to file afresh on the self-same cause of action. However, in the event, a fresh writ petition is filed, the point of maintainability shall be urged first as indicated by the learned State counsel. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)