Fatema Khatun v. State Of West Bengal & ORS

25.01.2022 adeb WPA 28339 of 2015 with IA No. CAN 1/2021 (Through Video Conference) Fatema Khatun Vs.

The State of West Bengal & Ors.

Mr. Sajal Kanti Bhattacharyya Mr. Sarthak Burman Mr. Sagnik Roychowdhury ..for the petitioner Mr. Sankar Halder ..for the private respondent nos. 6-9 Ms. Susmita Saha Dutta Mr. Niladri Saha ... for the respondent no. 5 The writ petition along with the application being CAN 1/2021 are taken up for hearing in presence of the learned advocates representing the parties.

Mr. Sajal Kanti Bhattacharya, learned advocate appears on behalf of the writ petitioner/applicant and submits that during pendency of the writ petition one notice dated 2nd September, 2021 was issued by the concerned Panchayat Authorities for settling water bodies in favour of some individuals. Ms. Susmita Saha Dutta, learned advocate appears on behalf of the respondent no. 5 and submits that upon following the procedure pursuant

to the tender notice dated 2nd September, 2021 water bodies have been settled in favour of some individuals.

It is submitted on behalf of the petitioner to permit her to withdraw the writ petition with liberty to file afresh challenging the said notice dated 2nd September, 2021 which is annexed as annexure P-9 in page 5 to the supplementary affidavit.

Considering the submission made on behalf of the writ petitioner, the writ application and the connected application being CAN 1/2021 stand dismissed as withdrawn with liberty to file afresh challenging the said notice dated 2nd September, 2021, if so advised.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Saugata Bhattacharyya, J.)