Nishitesh Banerjee vs 8.10.2021 The State Of West Bengal ...
2021 Latest Caselaw 5590 Cal

                                WPST No.49 of 2016
                                 Nishitesh Banerjee
                                         v.
08.10.2021                 The State of West Bengal & Ors.
SL-02
Ct.16        Mr. Sagar Bandopadhyay
(S.R.)       Ms. Soma Kar Ghosh                     ... for the petitioner.

             Mrs. Chaitali Bhattacharya             ... for the State.

             Mr. Sandip Kumar Bhattacharyya
                                        ... for the respondent no.6.

The judgment delivered in the case of Devarapalli

Lakshminarayana Reddy & Ors. v. V. Narayana Reddy &

Ors., reported in (1976) 3 SCC 252 was relied upon by the

petitioner. In a subsequent judgment delivered in the

case of Vinubhai Haribhai Malaviya & Ors. v. State of

Gujarat & Anr., reported in (2019) 17 SCC 1 it has, inter

alia, been observed that 'the statement of the law

contained in paragraph 17 in Devarapalli

Lakshminarayana Reddy (supra) cannot be relied upon'.

In view thereof, certain clarifications are required

and the learned advocates appearing for the respective

parties need to be heard.

The order dated 14th September, 2021 is,

accordingly, recalled and the matter is fixed for hearing on

10th November, 2021.

This matter shall be treated as heard-in-part.

(Hiranmay Bhattacharyya, J.) (Tapabrata Chakraborty, J.)