Sugam Enterprise v. The State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 385 of 2024 Sugam Enterprise VS The State of West Bengal & Ors.

Mr. Jayant Kumar Singh, Mr. Prajwal Gurung ... for the petitioner.

Mr. Joyjit Choudhury, Ld. AAG., Mr. Momenur Rahman, Mr. Nabankur Paul, Mr. Anirban Banerjee ... for the State.

Affidavit-of-service filed in Court today be kept 08.07.2024 Item No.8 dc.

with the record.

Learned AAG appearing for the Staterespondents submits that the penalty which was imposed has been paid and consequently the vehicle and areca nuts were released.

Learned advocate appearing for the petitioner submits that he intends to contest the same.

Since the penalty has been paid and if there is any remedy, the petitioner intends to exhaust, the same should be done before the civil court.

So far as the present writ petition under Article 226 of the Constitution of India is concerned, the cause of action do not survive in respect of the prayer so advanced.

Accordingly, the writ petition being WPA 385 of 2024 is dismissed.

Pending connected application, if any, is consequently disposed of.

There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)