M/S Andaman Paints Pvt. Ltd. And ANR. v. The Lieutenant Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA 96/2023 M/s Andaman Paints Pvt. Ltd. & Anr. ... Petitioners Vs.
The Lt. Governor & Ors. Respondents Mr. Mohammed Tabraiz ...for the Petitioners Mr. Shatadru Chakraborty ...for the Respondents January 24, 2023 [MAM] Item No.6 The writ petition is taken up for consideration wherein prayer has been made for quashing the order dated 7th/8th September, 2021 issued by the Deputy Director, Directorate of Industries, Port Blair. By the said order dated 7th/8th September, 2021, the Deputy Director took decision of cancellation of allotment of industrial plot bearing No. D14, D-13 and D-18 situated at Industrial Estate, Garacharma. It was also decided by the authority to terminate agreement of license executed between the petitioners and the Directorate of Industries, Andaman and Nicobar Administration.
to make out prima facie case. The appeal was posted for further consideration on 23rd February, 2023. Considering pendency of the appeal before the Appellate Authority and same is to be considered again on 23rd February, 2023 it has been rightly pointed out by Mr. Shatadru Chakraborty, learned Advocate representing the respondents that the writ petition questioning the order dated 7th/8th September, 2021 issued by the Deputy Director is not maintainable during the pendency of the appeal.
This Court finds substance in the contention raised on behalf of the respondents on the maintainability of the writ petition keeping in view of the fact that the appeal is pending before the Appellate Authority.
Accordingly, the writ petition stands dismissed since the same is not maintainable at this stage in view of pendency of the aforesaid appeal being Estate Appeal No. 01 of 2023.
However, there shall be no order as to costs. Copy of the order of the Appellate Authority dated 11th January, 2023 is taken on record.
Urgent photostat certified copy of this order be supplied to the parties after compliance of all required formalities.
(Saugata Bhattacharyya, J.)