Tapan Das And ANR v. The State Of West Bengal And ORS

2.07.2025 Item No.4 Court No.01 S.Bag(AR(CR) In the High Court at Calcutta Circuit Bench at Jalpaiguri WPA/307/2022 IA NO: CAN/1/2022 TAPAN DAS AND ANR VS THE STATE OF WEST BENGAL AND ORS Mr. Deepan Sarkar, Adv.

Ms. Ashika Daga, Adv.

Mr. Deborshi Dhar, Adv.

Mr. Raunak Das Sharma, Adv.

Ms. Sanchali Bhowmik, Adv.

Mr. Taniya Bhowmik, Adv.

...for Laxmi Towershi & Holdings Ltd.

Mr. Anirban Ray, Sr. Adv.

Mr. Subir Kumar Saha, Adv.

...for the State Mr. Raja Saha, Adv.

Mr. Subham Chanda, Adv.

...for SJDA None appears on behalf of the petitioner nor is any adjournment prayed for on their behalf.

The writ petition was filed as far back as on 15 February 2022 seeking restraint orders in respect of a proposed shopping complex on land which has been leased out to the respondent no. 7. The petitioner further seeks setting aside of an approval dated 28th February, 2008 of a revised Master Plan approved by the State. Admittedly, there is no subsisting order of restraint or injunction in this proceeding. The matter has been pending and affidavits have been completed.

On behalf of the respondent no. 7, it is submitted that the present writ petition is an abuse of process of law and there are five separate writ petitions covering the subject matter of this petition which are already pending before this Court.

In view of the non-appearance of the petitioner even in the second call, WPA/307/2022 stands dismissed for default.

Accordingly, CAN/1/2022 also stands dismissed as infructuous.

(RAVI KRISHAN KAPUR, J.)