Sk. Manowar Ali & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 5831 Cal

   72
25.11.2021.
   d.p.


                         In The High Court At Calcutta
                        Constitutional Writ Jurisdiction
                                Appellate Side

                                W.P.A 18630 of 2021
                               (Via Video Conference)

                                 Sk. Manowar Ali & Ors.
                                        -versus
                           The State of West Bengal & Ors.

                      Mr.   Saktinath Mukherjee, Sr. Adv.,
                      Mr.   Debabrata Saha Roy,
                      Mr.   Indranath Mitra,
                      Mr.   Pingal Bhattacharyya,
                      Mr.   Subhankar Das,
                      Mr.   Neil Basu.
                                     ...For the Petitioners.

                      Mr.   S.N. Mookherjee, Ld. AG,
                      Mr.   Anirban Ray, Ld. GP,
                      Mr.   Sanjay Basu,
                      Mr.   Sirsanya Bandhopadhyay,
                      Mr.   Piyush Agarwal,
                      Mr.   Arka Nag,
                      Mr.   Utsha Dasgupta.
                                     ...For the Respondent

Nos. 1 to 4.

Mr. Ajay Chaubey.

...For UOI.

In the instant writ petition the petitioners have challenged the notification of the Government of West Bengal, Department of Food & Supplies dated 13th September, 2021 and the notification of the Department of Food & Supplies published in the Kolkata Gazette Extraordinary on 16th November, 2021.

The learned senior advocate appearing for the petitioners has made exhaustive arguments.

The issue in question is similar to the issue, which was decided by the Court in the matter of Mrityunjoy Garang & Ors. --vs- State of West Bengal & Ors. in W.P.A. 14013 of 2021.

The judgment dated 15th September, 2021 which was passed in the writ petition of Mrityunjoy Garang (supra) is under challenge and pending adjudication before the Hon'ble Division Bench.

The Court feels it expedient to give one opportunity to the respondents to file an affidavit-in- opposition to controvert the stand taken by the petitioners. The respondents may file their affidavit-in- opposition within 10th December, 2021. Reply, if any, be filed within 17th December, 2021.

As regards the prayer of the petitioners for grant of interim order, it appears that since similar issue was dealt in the matter of Mrityunjoy Garang and the writ petition stood dismissed, accordingly, the Court is not inclined to pass any interim order in this matter at this stage. Any steps taken shall abide by the result of the writ petition.

Let the matter appear in the list on 13th January, 2022 under the heading "For Hearing".

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

( Amrita Sinha, J.)