Sankar Sinha v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 34 20.1.2025 Sc Ct. no. 2 WPA 2551 OF 2023 ------------- Sankar Sinha Proprietor of Sankar Sinha a proprietorship concern Vs.

The State of West Bengal & Ors.

Mr. Himangshu Kumar Ray Mr. Abhilash Mittal.

....For the Petitioner Mr. Momenur Rahman ....For the State Mr. Himangshu Kumar Ray, learned Advocate appears for the petitioner.

Mr. Momenur Rahman, learned State Advocate appears for the State respondents. It is submitted that, during pendency of the writ petition, the appellate order has been passed on December 23, 2024 by the jurisdictional appellate authority. A copy, made over to this Court, is taken on record.

The petitioner is now aggrieved with the initiation of the concerned proceeding including the said order of the appellate authority. The writ petitioner shall challenge the same.

Considering the submissions recorded above, this Court is of the view that, this writ petition has lost its force and has become infructuous. The petitioner shall

have to file appropriate proceeding challenging the appellate order dated December 23, 2024, passed by the jurisdictional appellate authority including the initiation of the proceeding in accordance with law. Accordingly, this writ petition, WPA 2551 of 2023 stands dismissed as infructuous.

There is no interim order in this writ petition. The petitioner shall be at liberty to challenge the said impugned order dated December 23, 2024 passed by the jurisdictional appellate authority in accordance with law. All points are kept open.

(Aniruddha Roy, J.)