Supratik Ghosh vs State Of West Bengal And 5 Ors
2021 Latest Caselaw 463 Cal/2

                             IA NO. GA/1/2021
                              In WPO/40/2021
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE



                             SUPRATIK GHOSH
                                   Vs
                     STATE OF WEST BENGAL AND 5 ORS



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 16th July, 2021.

                                                                        Appearance:
                                                               Mr. Tapas Dutta, Adv.
                                                                     ...for petitioner.
                                                        Mr. Soumitra Mukherjee, Adv.
                                                                    ...for respondent.

The Court : Mr. Tapas Dutta counsel appearing on behalf of the

petitioner submits that the order dated April 7, 2021 was passed on a

submission made by Mr. Mukherjee that the matter before the West Bengal

Taxation Tribunal had been heard and judgment has been reserved. Mr. Tapas

Dutta submits that this submission was a miscommunication made by Mr.

Mukherjee.

Mr. Mukherjee counsel appearing on behalf of the State concedes that an

inadvertent error has taken place upon checking the records. It appears that the

matter is still pending and no judgment has been reserved in this matter. He

further clarifies that the submission made by him on the earlier occasion was on

the basis of oral instructions that now appear incorrect.

In light of the above submissions, the order dated April 7, 2021 is recalled.

Accordingly, GA 1 of 2021 is disposed of. The writ petition is to be restored to its

original file and number.

I have heard counsel appearing on behalf of the both sides with regard to

the writ petition before me. In my view this writ petition can now be disposed of

with a direction upon the West Bengal Taxation Tribunal. Accordingly, I direct

the West Bengal Taxation Tribunal to hear out the application of the petitioner

before the tribunal preferably within a period of two months from date. With the

above direction, this writ petition is disposed of.

(SHEKHAR B. SARAF, J.) SK.