Mahidul Mondal v. State Of West Bengal And ORS.

AN RP 03.12.2024 Ct. No. 01 MAT 2047 of 2024 with IA No. CAN 1 of 2024 Mahidul Mondal vs.

State of West Bengal & ors.

Mr. Himangshu Kumar Ray Mr. Subhasis Podder Mr. Sushant Bagaria Mr. Amit Saha Ms. Shiwani Shaw .....for the appellant Mr. A. Ray Md. T. M. Siddiqui Mr. T. Chakraborty Mr. S. Sanyal Ms. S. Shaw .....for the State

1. This intra-Court appeal filed by the writ petitioner is directed against the order dated 25.09.2024 passed in WPA 21192 of 2024 against an interim order by which the learned Single Judge directed the affidavit-inopposition to be filed by the respondent Department within the time frame.

2. Learned counsel appearing for the appellant would submit that no direction was issued for sanctioning the refund. Such order cannot be passed by the learned Single Bench since the refund application was rejected and confirmed by the appellate authority and, therefore, until and unless the appellant/writ petitioner succeeds in the writ petition, the question of refund would not arise. Therefore, there is no ground made out to interfere with the impugned order.

3. In the result, both the appeal and the connected application stand dismissed. The respondent Department is directed to file their affidavit-in-opposition within three weeks from date. Reply thereto, if any, be filed within two weeks thereafter.

4. List the matter before the appropriate learned Single Bench in the week commencing from 06.01.2025 for further consideration.

(T. S. Sivagnanam) (Chief Justice) (Hiranmay Bhattacharyya, J.)