Manika Barman v. The Honourable High Court At Calcutta And ORS

Sl No.3 23.04.2021.

RP Ct.1 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA No.760 of 2021 Manika Barman -versus The Hon'ble High Court at Calcutta & Ors.

Mr. Jagriti Mishra ... for petitioner Mr. Subir Kumar Saha, AGP Mr. Bikramditya Ghosh ... for respondents Mr. Mishra, learned advocate appears on behalf of petitioner and submits, prayer is for petitioner being enabled to file a public interest litigation in the Circuit Bench. Appropriate direction be issued upon respondent no.1, being the High Court itself. He hands up and relies on Calcutta High Court (Circuit Bench at Jalpaiguri) Rules, 2019, clause (a) in rule 2. He submits, public interest litigation has been excluded from meaning of 'case', in relation to filing here at this Bench. In this COVID time, when there is virtual hearing, the necessity to travel to Principal Seat only for filing is what has caused his client to move this Bench.

Mandamus has been prayed for regarding physical filing of public interest litigation in this Bench. Mandamus cannot be issued as it is

against the Rules in place. The Rules themselves have not been challenged. As such, no order can be made on this writ petition. It is, accordingly, dismissed.

(Arindam Sinha, J.)