Shri G Bhasker v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR *** WPA(P)/4/2023 Shri G.Bhasker Vs.

The Union of India and others Mr. Phatick Chandra Das .... for the petitioner Mr. V.D.Sivabalan ... for the respondent no.1 Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the Administration March 13, 2023 [SR] Item No.5 We do not find any infringement of legal right of the petitioner and we have not found any corresponding legal duty of the authority. In this matter, as the petitioner is canvassing that as Article 370 has been withdrawn from Jammu and Kashmir and there has been a notification for granting reservation to the local people, similar benefits to be extended to this Union Territory.

There is no similarity between the situation of the Jammu and Kashmir after withdrawal of Article 370, here no such thing happened and more important is that it was a policy decision of the State regarding which the writ court cannot interfere. Hence this writ application is dismissed. Inasmuch as the provisions as provided for under Article 370 of the Constitution, as amended from time to time, were inserted and applicable to the State of Jammu and Kashmir only. Hence, the question of applicability of

the said Article within the territory of Andaman and Nicobar Islands did not and could not and/or does not and/or cannot arise.

When this matter was mentioned before the Calcutta High Court, the Division Bench there, inter alia, directed that the fresh case number to the writ petition is to be given. However, from a note given by the Registrar here, we find that the case number already given in the record was already registered at the Hon'ble Principal Bench at Calcutta through CIS of this Circuit Bench and it is submitted as follows: "In this regard it is to submit the case number already given in the record was already registered at the Hon'ble Principal Bench at Calcutta through the CIS of this Circuit Bench at it is also to submit that a fresh case number can only be given after showing disposed or dismissed of the existing case record.

In the facts and circumstances, this office is not in a position to give a fresh case number to the said case record and hence the same is listed before the Hon'ble Court."

For the above reason, fresh case umber could not be given.

( Abhijit Gangopadhyay, J. ) ( Aniruddha Roy, J. )