Sri Sushil Kumar Mallick & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 393 Cal

   D/L
Item No. 17
08.02.2022
  KOLE
                               MAT 835 of 2021
                                   With
                             IA No. CAN 1 of 2021

                      Sri Sushil Kumar Mallick & Ors.
                                   -Vs.-
                      The State of West Bengal & Ors.


              Mr. S. Bhattacharjee,
              Mr. Ali,
                                                        ... for the appellants.
              Mr. T. M. Siddiqui,
              Mr. A. Mondal,
              Mr. D. Ghosh,
                                                                ... for the State.


                      By consent of the parties the appeal and the

               application are taken up for hearing together.

                      This appeal is preferred against a judgment and order

               dated July 14, 2021 whereby WPA 8881 of 2021 was

               dismissed.

                      The writ petitioners had approached the learned

               Single Judge with the grievance that compensation money in

               connection with L.A. Case no. 1 of 1995-96 was not being

               paid by the respondents to them.         The learned Judge

recorded that the entire compensation money was lying with

the Appropriate Authority and there was no scope for

passing any order against the said respondents. It was

further observed that : "the disputes by and between the

petitioner and the private respondents cannot be the subject

matter of a writ court." The petitioners were granted liberty

to take appropriate steps in accordance with law.

Appearing for the appellants, Mr. Ali, learned

Advocate submits that there is an error apparent on the face

of the order. There were no private respondents in the writ

petition. All seven respondents are official respondents.

Mr. Siddiqui, Learned Advocate representing the

State also fairly admits that there seems to be some

confusion.

We have seen the writ petition. No private party was

impleaded as respondent. The only basis for the learned

Single Judge not to pass any order on the writ petition was

existence of alleged disputes between the writ petitioners

and private respondents when, in fact, there were no private

respondents in the writ petition.

In view of the aforesaid, we are constrained to set

aside the order under appeal and remand the matter back to

the learned Single Judge having determination in the matter

to decide the writ petition afresh.

The report in the form of affidavit filed by the State

has been kept with the records. The writ

petitioners/appellants would be at liberty to file exception to

such report before the learned Single Judge if, they are so

advised. We have not gone into the merits of the matter at

all.

The appeal, being no. MAT 835 of 2021 and the

connected application, being no. CAN 1 of 2021 are

accordingly disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

( Kausik Chanda, J.) (Arijit Banerjee, J.)