Smartspace Infrastructure Private Limited And ORS. v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/6022/2020 Smartspace Infrastructure Private Limited and others Vs The Union of India and others Mr.Shyamal Sarkar Mr. Sankaran Sarkar Ms. Shipra Mandal ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 9, 2024 [SR] Item No.01 Learned Senior Advocate for the writ petitioners says that this matter is identical with WPA/43/2019 (Smartspace Infrastructure Private Limited and others vs. Union of India and others) which was disposed of by a learned Single Judge of this Court by a judgment and order dated January 11, 2023. The appeal preferred by the Administration against the said order was dismissed by a judgment and order dated June 24, 2024.

The judgments of the learned Single Judge and the Hon'ble Division Bench are reported at 2023 SCC OnLine Cal 79 and 2024 SCC OnLine Cal 6116 respectively. Mr. Sarkar, learned Senior Advocate says that the present writ petition may be disposed of in terms of the judgment and order dated January 11, 2023 whereby WPA/43/2019 was disposed of along with other similar writ applications.

Learned advocate for the Administration says that the order of the Hon'ble Division Bench referred to above has been taken before the Hon'ble Supreme Court by the Administration by filing a Special

Leave Petition. However, he says that there is no stay of operation of the judgment and order of the Hon'ble Division Bench. In that view of the matter, I dispose of this writ petition in terms of the judgment and order dated January 11, 2023 whereby WPA/43/2019 and other similar writ petitions were disposed of by the learned Judge of this Court.

WPA/6022/2020 is disposed of accordingly.

( Arijit Banerjee, J.)