Amala Roy Das @ Amala Das Roy v. Th State Of West Bengal And ORS

OD-2 W.P.O. No. 373 of 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE (VIA VIDEO CONFERENCE) AMALA ROY DAS @ AMALA DAS ROY

Versus

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE ABHIJIT GANGOPADHYAY Date : 8th July, 2021.

Appearance :

Mr. Syed Shamsul Arefin, Adv.

...for the petitioner Mr. Subhendu Roy Chowdhury, Adv.

Ms. Chaitali Bhattacharyya, Adv.

for the respondents The Court: This writ application has been filed in the Original Side but all the respondents reside or carry on business or have their offices situate outside the Ordinary Original Civil Jurisdiction of this High Court. It has been noted that in complete violation of the Rules of this Court relating to applications under Article 226 of the Constitution of India (Writ Rules, in short) such writ applications, which are to be filed in the Appellate Side of this Court, are being filed in the Original Side. Rule 4 of Writ Rules framed by this Court cannot be ignored. Rule 4 is a subsisting Rule. It cannot be violated so long it is in existence. Some orders of this Court for not following the Rule cannot have the effect of negating the said Rule.

Those orders might be for the related writ applications and not for all writ applications.

considered by hearing the necessary parties and thereafter the said Rule 4 has been overruled, said Rule 4 must be followed. It is to be kept in mind that despite several amendments made in the writ Rules after 10th November, 1960, Rule 4 has not been materially altered.

For showing total disregard to the Writ Rules of this Court this writ application is dismissed with costs of Rs.2000/- to be paid by the petitioner to the High Court Legal Services Authority within a period of two weeks from date. The petitioner is granted liberty to file afresh. (ABHIJIT GANGOPADHYAY, J.) S.Bag