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Calcutta High CourtWPA/27903/2022dismissed as infructuous

Arup Mandal And ANR v. State Of West Bengal And ORS.

2023-01-13Hon'Ble Justice Aniruddha Roy2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 27903 of 2022 Arup Mandal & Anr.

VS The State of West Bengal & Ors.

Mr. Shaunak Ghosh Mr. Sourav Mondal .... For the petitioners Mr. Siraj Gooptu .... For the State Supplementary affidavit filed by the writ Court No.

13.01.2023 (Item No. 66) (AB) petitioners today in Court, is taken on record. When the writ petition has been taken up for consideration today, Mr. Shaunak Ghosh, learned counsel appearing for the writ petitioners placed a decision of the respondent No. 2 dated January 9, 2023, the same is taken on record.

It appears from the said decision dated January 9, 2023 that, the representation of the petitioners dated November 14, 2022, Annexure P-6 to the said writ petition has already been disposed of. In view of the said decision dated January 9, 2023, this present writ petition cannot survive any further. If the petitioners seek to challenge the said decision dated January 9, 2022 then a new and independent cause of action will be here.

In view of the above, this writ petition being W.P.A.

27903 of stands dismissed as infractuous.

However, dismissal of this writ petition shall not preclude the petitioners to challenge the said decision dated January 9, 2023 strictly in accordance with law, in the event, the petitioner is advised to do so.

(Aniruddha Roy, J.)