Shirajul Islam Molla vs The State Of West Bengal & Others
2022 Latest Caselaw 8273 Cal

13.12.2022
Item No.18
Court No.6.
   AB
                               M.A.T. 1750 of 2022
                                       With
                                IA CAN 1 of 2022

                              Shirajul Islam Molla
                                       Vs
                       The State of West Bengal & Others

                    Mr. Samim Ahammed,
                    Ms. Ambiya Khatun,
                    Mr. Sukchand Shaikh        ....for the Appellant.

                    Mr. Jahar Lal De,
                    Mr. Shamim Ul Bari         ....for the State.

                    Mr. Sandip Ghose,
                    Mr. Sudarsan Roy,
                    Mr. Debayan Ghosh....for the Municipality.

                    Mr. Swagata Datta,
                    Mr. Nirupam Dhali
                                 ...for the Private Respondents.

This appeal is directed against a Judgment and

Order dated September 23, 2022, whereby the learned

Single Judge dismissed the appellant's writ petition

being WPA No.13193 of 2021 with costs assessed at

Rs.25,000/-.

The respondents including the Municipality and

the private respondents say that the order impugned is

fully justified since the writ petition was mala fide.

The writ petitioner had no locus standi to maintain the

writ petition.

Since the learned Judge dismissed the writ

petition without calling for affidavits, the stands of the

different respondents are not on record. We are of the

view that the respondents should file affidavits to bring

on record their respective stands.

Let affidavits-in-opposition be filed within two

weeks after reopening (16.01.2023). Replies thereto, if

any, be filed within two weeks thereafter (30.01.2023).

List the matter on 02.02.2023 under the

heading "Hearing".

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)