Dinanath Mishra Vyakaran Tirtha & ORS v. State Of West Bengal & ORS

FMA 4704 of 2015 Item-7.

13-10-2023 Dinanath Mishra & Anr.

Versus

The State of West Bengal & Ors.

sg Ct. 8

1. The parties are not represented nor any accommodation is prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and from 19th September, 2023 with a clear indication that the said matter shall be transferred to the Regular Bench on 6th October, 2023. The appeal is again listed today in the main cause list. All the parties have sufficient notice about the listing of the matter before the Regular Bench on and from 6th October, 2023.

3. The appeal was filed on 28-08-2015. The record shows that no attempt has been made to move this appeal after it was filed. No step has been taken to serve notice and prepare paper books. It clearly shows that the appellants are not interested to proceed with the appeal and have virtually abandoned the appeal.

4. However, we have considered the materials on record and the impugned order. In view of the fact that the State Government has acted in terms of the earlier orders and the petitioners were unable to demonstrate that any part of the earlier order has remained unimplemented, we do not find any reason to interfere with the order passed by the learned Single Judge dismissing the writ petition.

5. The appeal fails and the same is, accordingly, dismissed. (Uday Kumar, J.) (Soumen Sen, J.)