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Calcutta High CourtFMA/1774/2025dismissed

Kamal Kundu v. State Of West Bengal And ORS.

2026-01-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

D/L Item No. 36 13.01.2026 KOLE 266045 FMA 1774 of 2025 With IA CAN 1 of 2025 Kamal Kundu -Vs.- The State of West Bengal & Ors.

Mr. Kamal Kundu, ... for the appellant (in person).

Mr. Ziaul Islam, .... For the State.

Ms. Sutapa Sanyal, Mr. Debrup Bhattacharjee, Mr. Pradeep Kr. Tulsyan, ... for the respondent nos. 8 and 9.

Dictated by Arijit Banerjee, J:- An order dated September 17, 2025, passed in a writ petition filed by the present appellant is under challenge at the instance of the writ petitioner.

The order under challenge is interim in nature in the sense that the writ petition is still pending before the learned Single Judge.

It appears that the appellant/writ petitioner wanted to have a particular lease deed registered in his name. The learned Single Judge directed the respondent authority to communicate to the petitioner the formalities and the charges payable by him for getting the lease deed registered. The learned Judge directed that subject to compliance of all formalities by the petitioner, the lease deed shall be registered in accordance with law in respect of Stall No. T05.

As regards the Stall No. T-45, it was the petitioner's contention before the learned Single Judge that the authorities could not have accepted any money from the highest bidder after the said bidder's failure to deposit the money within the time period indicated in the notice inviting tender. The learned Judge has called for a report from the concerned authorities as regards the date of payment by the highest bidder Ratan Das along with supporting documents. The learned Judge has also directed service of notice on the private respondent Ratan Das and has directed the said respondent to file an affidavit disclosing the mode of payment of the bid amount along with supporting documents.

We do not find any infirmity in the order under appeal. The same does not prejudice the appellant's interest in any manner. The appellant/writ petitioner is appearing in person and, therefore, we only say that this appeal is completely devoid of merits and we refrain from using any harsher words.

The appeal and the connected application stand dismissed. We clarify that all points involved in the writ petition are left open for the learned Single Judge to decide without being influenced by any observation in this order. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)