Homnath Niroula @ Homnath Neroula v. The Managing Committee, Lingsey Higher Secondary School And ORS

AD-10 Ct No.01 Jalpaiguri 20.09.2023 SP Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side MAT 147 OF 2023 IA NO: CAN 1 OF 2023 HOMNATH NIROULA @ HOMNATH NEROULA VS THE MANAGING COMMITTEE, LINGSEY HIGHER SECONDARY SCHOOL AND ORS Mr. Arjun Chowdhury Ms. Pratusha Dutta Chowdhury .....for the appellant Mr. Hirak Barman Mr. Momenur Rahman . . . .for the State.

Mr. Bikramaditya Ghosh Mr. Bikash Singha . . . . for the respondent No.1

1. Learned counsel for the appellant submits on instruction that the appellant does not want to press the appeal, in view of the appellant having been transferred in the meantime. However, the appellant seeks to challenge the said order of transfer in an independent writ petition.

2. Accordingly, MAT 147 of 2023 and CAN 1 of 2023 are dismissed as not pressed without any order as to costs. Liberty, however, is given to the appellant to

challenge his transfer, which has taken place in the meantime, by way of an independent writ petition. If so challenged, nothing in this order shall preclude the Writ Court from entering into the merits of the same independently and in accordance with law.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)