Srikrishna Patra And ORS. v. State Of West Bengal And ORS.

14.12.2023 Item No. 10 Court No.11 Avijit Mitra WPLRT 120 of 2023 Srikrishna Patra & ors.

-VersusThe State of West Bengal & ors.

Mr. Mahendra Prasad Gupta, Mr. A.K. De ....for the petitioners Mr. Somnath Ganguli, Ms. Priyamvada Singh ...for the State respondents Mr. Amit Baran Dash, Ms. Ankana Sarkar ....for the respondent no. 6 Affidavit-of-service filed by the petitioners be kept on record.

The present writ petition has been preferred challenging an order dated 20th July, 2023 passed by the learned Tribunal in the original application being OA No.358 of 2018.

Mr. Gupta, learned advocate appearing for the petitioners submits that prior to disposal of the title suit preferred by the petitioners being T.S. No.197 of 2016, the learned Tribunal erred in law in relegating the matter to the appellate authority to rehear the same afresh.

Mr. Dash, learned advocate appearing for the respondent no.6 submits that there is no infirmity in the order impugned. As the initial order passed by the appellate authority was not on merits, the same has

been rightly set aside and the matter has been relegated for reconsideration in the light of the judgment delivered in the writ application being WPLRT No.356 of 2014.

Mr. Ganguli, learned advocate appearing for the State respondents submits that there is no infirmity in the order impugned warranting interference of this Court.

Heard the learned advocates appearing for the respective parties and considered the materials on record.

The argument of Mr. Gupta that the learned Tribunal ought not to have relegated the matter for rehearing is not acceptable to us.

Upon considering the order impugned in the original application, the learned Tribunal had rightly set it aside as the same was not on merits and relegated the matter to the appellate authority for rehearing in the light of the judgment delivered by a coordinate Bench of this Court in a writ application being WPLRT No.356 of 2014.

In view thereof, no interference is called for and the writ application is dismissed.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Gaurang Kanth, J.) (Tapabrata Chakraborty, J.)