Michael Raj v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/51/2024 Michael Raj Vs.

The Andaman and Nicobar Administration and others Ms.G.Mini ... for the appellant Ms. Babita Das ... for the respondents September 02, 2024 [AKB] Item no.8 This appeal is directed against the order dated 07.08.2024 passed in WPA No. 410 of 2024 by a learned Single Judge of this Court.

Learned Judge, while disposing the writ application, was pleased to dismiss the same reserving liberty to the petitioner to approach the statutory appellate forum. The appellant, being aggrieved by the said order, has preferred this instant appeal. Upon hearing the learned advocates and considering the facts of the case, we are of the view that the appellate authority would be in a better position to dispose of the grievance of the writ petitioner/appellant in the event statutory appeal is preferred by the appellant/writ petitioner.

Thus, we dispose of the instant appeal by granting liberty to the appellant/writ petitioner for preferring statutory appeal within a period of two weeks from the date of this order. It is, however, made clear that as writ application and the appeal were pending before this Court, the period of limitation should be condoned by the appellate authority.

We also request the appellate authority to dispose of the appeal preferred by the petitioner very expeditiously and within a period of two months from the date of preferring of the said appeal. We have made it clear that we have not gone into the merit of the case and all points are left open to be agitated before the appellate authority.

( Arindam Mukherjee, J. ) ( Biswaroop Chowdhury, J.)