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Calcutta High CourtRVW/99/2019dismissed

Subrata Kumar Ghosh v. State Of West Bengal & ORS

2022-02-22Hon'Ble Justice Shekhar B. Saraf,Hon'Ble Justice Saugata Bhattacharyya2 pages

S/L 1 22.02.2022 Court No.26 SD RVW 99 of 2019 In WPLRT 74 of 2008 (Assigned) (Via Video Conference) Subrata Kumar Ghosh Vs.

State of West Bengal & Ors.

Mr. Kamal Krishna Manna Mr. Nirmal Kumar Manna ... for the Petitioner.

Mr. Amitesh Banerjee Mr. Supratim Dhar ... for the Respondent.

Heard Mr. Kamal Krishna Manna, learned senior advocate appearing on behalf of the petitioner. He has vociferously argued that the amendment in the cause title should have been allowed in the application being CAN 3507 of 2015. He further submits that since this is a mere change in the cause title, the same should have been allowed. Mr. Supratim Dhar, counsel appearing on behalf of the State, has vehemently opposed the submissions and submits that since the writ petition being WPLRT 74 of 2008 had already been disposed, there is no question of CAN application being allowed when the main matter had been disposed of earlier. He accordingly supported the order dated March 7, 2019 passed by the Division Bench. Upon considering the arguments made by the counsel appearing on behalf of the parties before us, we are of the

view there are no grounds for review of the order dated March 7, 2019 as there is no error on the face of the record. Furthermore, liberty had been granted on earlier occasion to the applicant to pursue his remedy before the appropriate forum.

In light of the above, this review petition is dismissed with liberty granted to the petitioner once again to move before the appropriate forum for seeking the remedy he wishes for.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Saugata Bhattacharyya,J.) (Shekhar B. Saraf, J.)