Subhojit Ghosh v. Union Of India And ORS.

29.11.2024 Court No.23 DL- 10 PP In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 25984 of 2024 Subhojit Ghosh versus Union of India & Ors.

Mr. Debasish Kundu ....For the Petitioner.

Mr. Sunil Singhania, Mr. Tapan Bhanja ....for Union of India.

The petitioner says that the order of the competent authority has been challenged in this writ petition. Since there is a provision for preferring a statutory appeal, the petitioner, on being advised had also filed an appeal against the order of the competent authority. During the pendency of the writ petition, the appeal has been rejected.

The petitioner says that the petitioner has to now challenge the order of the competent authority as also the Appellate Authority.

By placing the order of the Appellate Authority through a supplementary affidavit will not suffice the petitioner's purpose as he needs to challenge the order of the Appellate Authority also.

In the aforesaid facts and circumstances, the petitioner seeks to withdraw the writ petition with

liberty to file a composite writ petition taking all points that have been taken in this writ petition as also fresh grounds to challenge the order of the Appellate Authority.

Considering the facts and circumstances of the case, the writ petition is dismissed as withdrawn with liberty to file afresh taking all points in this writ petition as also additional points that may be available to the petitioner for challenging the appellate order dated 9th October, 2024.

(Arindam Mukherjee, J.)