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Calcutta High CourtMAT/28/2025disposed

Tabrez Hussain v. Urmila Adhikari And ANR

2025-04-29Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.04.2025 Court No.13 Port Blair Item No. 1 AP

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR MAT 28 of 2025 With CAN 1 of 2025 Shri Tabrez Hussain Vs.

Smti Urmila Adhikari and Anr.

Mr. K.M.B. Jayapal ...For the Appellant.

Ms. Anjali Nag, Senior Advocate Ms. Anoushka Singh ...For the Respondent No.1.

Mr. Shatadru Chakraborty, Senior Advocate Mr. Dibesh Dwivedi ...For the Respondent No.2.

1.

The present appeal is filed against an order dated 24th March, 2025 passed by a Single Bench of this Court sitting at Circuit Bench at Port Blair in WPA 159 of 2025. The absence of the appellant/private respondent was recorded in the order.

2.

Mr.

K.M.B.

Jayapal, learned counsel for the appellant, would argue by reference to the speed post track report that his client was served with the writ petition only on 27th March, 2025.

3.

Be that as it may, it appears that the Single Bench has only directed the respondent No.2 herein to consider and dispose of the representation of the writ petitioner after hearing all parties. The impugned order is, therefore, innocuous and has not created or infringed upon any right

of any party. The appeal itself may not maintainable under Clause 15 of the Letters Patent.

4.

Mr. K.M.B. Jayapal would argue that his client was not heard by the respondent No.2 as directed by the Single Bench and the sanction plan granted in favour of his client has been stayed. The said order of the respondent No.2 cannot assailed in this appeal as the same constitutes an independent cause of action.

5.

The appellant may seek appropriate remedies in law as he may be advised against the order passed by the respondent No.2.

6.

With the aforesaid observations, the appeal is disposed of without any orders. Consequently, connected pending applications, if any, are also disposed of. 7.

There shall be no order as to costs.

8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)