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Calcutta High CourtWPA/27835/2022dismissed

Monirul Islam v. State Of West Bengal And ORS.

2022-12-20Hon'Ble Justice Md. Nizamuddin2 pages

20.12.2022.

p.b.

Sl. No.22.

WPA 27835 of 2022 Monirul Islam Vs.

State of West Bengal & Ors.

Ms. Sweta Mukherjee, Mr. Arup Sarkar.

........for the petitioner.

Mr. A, Ray, Mr. T. M. Siddiqui, Mr. D. Ghosh, Mr. N. Chatterjee, Mr. V. Kothari.

........for the State.

The affidavit of service filed in Court today be kept with the record.

Heard both the parties.

By this writ petition, petitioner has challenged the impugned order of the appellate authority dated 25th November, 2022, under the WBGST Act, dismissing the appeal of the petitioner, on the ground of delay of more than four months in addition to the period granted by the judgment of the Hon'ble Supreme Court during the COVID period. There is no cogent and proper explanation of delay in filing the appeal of more than 200 days. The medical documents, the petitioner has annexed, are selfcontradictory. Prescription annexed has been issued by one doctor, medical certificate has been given by another

doctor who is a general practitioner and diagonised that petitioner was suffering from pulmonary disease while the prescription annexed shows that the petitioner was suffering from skin diseases and such prescription has been issued by the Darmatologist.

In view of the discussions made above, this writ petition being WPA 27835 of 2022 is dismissed. (Md. Nizamuddin, J.)