Zafar Hussain And ANR. v. Union Of India And ORS.

OD 10 WPO/1258/2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ZAFAR HUSSAIN AND ANR.

VS UNION OF INDIA AND ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 27th June, 2023.

Appearance:

Mr. Sujit Banerjee, Adv.

...for the petitioner Mrs. Sanjukta Gupta, Adv.

...for the Union of India Mr. Basudeb Mukherjee, Adv.

...for the respondent nos.3 & 4 The Court: Learned counsel for the petitioner, in his usual fairness, submits that although an order was passed on June 20, 2023, on the premise of a submission of the petitioner based on a particular notification, it was subsequently discovered by learned counsel that the notification is otherwise. Such Notification dated February 12, 2021 has been annexed to a supplementary affidavit which is filed in Court today by the petitioner. It transpires from the said notification, annexed at page 19 of the supplementary affidavit, that for the words, "Rupees fifty lakh and above" the word "Rupees twenty lakh and above"

shall be substituted. In view of such notification, the basic premise of the order dated June 20, 2023 goes.

Hence, as rightly submitted by learned counsel for the petitioner, the cause of action of the writ petition does not survive. Hence, WPO/1258/2023 is dismissed as not pressed without any order as to costs. Interim orders passed earlier stand vacated.

I will be failing in my duty if I do not record the extreme fairness of learned counsel appearing for the petitioner, despite his practice at the Bar being only of two years.

(SABYASACHI BHATTACHARYYA, J.) B.Pal