Evergreen Minerals Private Limited And ANR. v. State Of West Bengal And ORS.

23.12.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 1 Appellate Side Moumita WPA 26689 of 2024 Evergreen Minerals Private Limited and Anr.

Vs The State of West Bengal and Ors.

Mr. Gobinda Kar ...For the petitioners.

Mr. Sanjay Saha Mr. Raju Mondal ....For the Respondent nos. 2 to 7.

Mr. Gobinda Kar, learned counsel appears for the petitioners. He submits that he has received instruction, though he has not produced a copy of any written instruction but on the basis of such instruction he prays for withdrawal of this writ petition and to file afresh on the self-same cause of action. Mr. Sanjay Saha, learned counsel appears for the respondent nos. 2 to 7. He submits that this writ petition is not otherwise maintainable.

Therefore, even if this court grants leave to the petitioner to file afresh the writ petition on the selfsame cause of action, the point of maintainability may be kept upon.

In view of the above, this writ petition WPA 26689 of 2024 stands dismissed as withdrawn with leave to file afresh on the self-same cause of action. However, if the writ petition is filed the point of

maintainability, as taken by the respondents, shall be decided first.

(Aniruddha Roy, J.)