Mansaram Ghosal v. State & ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 23191 of 2009 + CAN 4513 of 2011 Mansaram Ghosal VS The State of West Bengal & Ors With WPA 23188 of 2009 + CAN 4512 of 2011 Chinmoy Mukherjee VS The State of West Bengal & Ors With WPA 16109 of 2010 + CAN 4514 of 2011 Tufan Banerjee VS The State of West Bengal & Ors Court No. 22 27.3.2023 (Item No. 7678) (AB) Mr. Jayak Kumar Gupta .... For the State Mr. Uttiya Ray Mr. Arnab Mandal ..... for respondent Chhatna Chandidas Mahavidyalaya Affidavit of service filed in Court today, is taken on record.

The College authorities had come up with applications for modification of the order dated October 4, 2010 by which the parent writ petitions were disposed of. The College authorities contended that due to the supervening impossibility the direction of the co-ordinate bench dated October 4, 2010 could not be and cannot be complied with. The College authorities further contended that, they are running without any non-teaching staff for about last 13 years.

Mr. Jayak Kumar Gupta, learned counsel appeared for the State. He submitted that, this being an old matter, he needs to take instruction from his client.

Learned counsel for the College authorities shall furnish the copies of the applications and the writ petitions upon Mr. Jayak Kumar Gupta, learned counsel who was not originally briefed when the writ petitions were disposed of.

Upon receipt of such cause papers Mr. Jayak Kumar Gupta, learned counsel shall take instruction from his client and shall file a short affidavit disclosing their stand on the issue.

Such an affidavit shall be filed by the State authority on or before April 30, 2023. A copy of such affidavit shall be served upon Mr. Uttiya Ray, learned counsel for the College authority.

Despite notice the writ petitioners chose not to be represented.

The college authority shall serve one further notice upon the writ petitioners mentioning the next date of hearing.

These applications shall appear for further consideration under the heading "Application" on May 8, 2023.

A copy of this order is directed to be placed in the respective files of each of these writ petitions. (Aniruddha Roy, J.)