Dipak Kr. Roy & Anr vs Murshidabad College Of
2022 Latest Caselaw 4218 Cal

20   14.07.2022


     gd/ssd
                                      MAT/260/2020
                     IA NO: CAN/1/2020(Old No:CAN/1423/2020),
                         CAN/2/2020(Old No:CAN/3257/2020),
                                     CAN/3/2020(Old
                         No:CAN/3264/2020), CAN/4/2020(Old
                         No:CAN/3265/2020), CAN/5/2020(Old
                                   No:CAN/5726/2020),
                  CAN/6/2020(Old No:CAN/5727/2020), CAN/7/2020, CAN/8/2021


                              DIPAK KR. ROY & ANR.
                                       VS
                           MURSHIDABAD COLLEGE OF
                       ENGINEERING AND TECHNOLOGY AND
                      HUMAN RESOURCE DEVELOPMENT & ORS.


                        Mr. Samim Ahammed,
                        Mr. Arka Maiti,
                        Ms. Gulsanwara Pervin,
                        Ms. Ambiya Khatun
                                   ..for the Appellants.


                        Mr. Debjani Mitra
                                    ..for the State.


                        Mr. Sakya Sen,
                        Mr. Hasibul Islam,
                        Mr. S.K. Gupta
                                    ..for the Respondent Nos.1 and 2.

CAN 8 of 2021 has been filed by one of the

appellants with a prayer to allow this appeal and pass

the order of dismissal of WPA 23859 of 2019 pending

before the learned Single Judge on the ground that the

respondent no.2 (one of the writ petitioners) has

resigned from the post of Sabhadhipati of Murshidabad

Zilla Parishad on 12th May, 2021, therefore, now the

writ petition at his instance cannot be maintained.

Learned counsel for the private respondent has

disputed the fact that the writ petition is liable to be

dismissed and has pointed out that the writ petition

has already been heard and marked CAV by the learned

Single Judge on 12th May, 2022 and the judgment is

awaited.

At this stage learned counsel for the applicant has

pointed out that before the learned Single Judge also he

has filed the application for recall of the order dated

12th May, 2022 and has prayed for dismissal of the writ

petition.

Having heard the learned counsel for the parties,

we find that this application in the present appeal,

which is against the interlocutory order of the learned

Single Judge, cannot be maintained as for the selfsame

purpose the applicant has already approached the

learned Single Judge where writ petition is pending.

Hence, we dispose of CAN 8 of 2021 with liberty to

the applicant to prosecute his remedy before the

learned Single Judge.

We make it clear that pendency of this appeal will

not come in the way of the proceeding before the

learned Single Judge.

List on 28th of September, 2022.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

qq