The State Of West Bengal & Ors vs Sri Satyabrata Giri & Ors
2022 Latest Caselaw 7077 Cal

27.09.2022
 Item No.08
Court No.6.
    S. De
                              M.A.T. 1041 of 2022
                                       with
                              I.A. No. CAN/1/2022
                              I.A. No. CAN/2/2022

                        The State of West Bengal & Ors.
                                      Vs
                          Sri Satyabrata Giri & Ors.


                    Ms. Chaitali Bhattacharyya,
                    Mr. Mrinal Kanti Ghosh,
                                      ...for the appellants.
                    Mr. Binoy Kr. Das,
                                ...for the respondent/writ petitioner.

This appeal is preferred against a judgment and

order dated July 9, 2019 whereby W.P. No. 21101 (W)

of 2017 was allowed by the learned Single Judge. The

learned Judge recorded that there was some defect in

affirmation of the affidavit-in-opposition that was

sought to be filed on behalf of the State and,

accordingly, took such opposition off the record.

Having done so, the learned Judge passed the

impugned order on the principle of non-traverse as

there was no affidavit-in-opposition on behalf of the

State. Being aggrieved, the State is before us in this

appeal.

There is some delay in presenting the appeal.

Learned advocate for the respondent/writ petitioner

seeks time to file his opposition to the application for

condonation of delay.

Let the respondent/writ petitioner file his

affidavits-in-opposition to both the application for

condonation of delay and the stay application within

one week after the Puja Vacation (07.11.2022). Reply,

if any thereto, be filed by the State within two weeks

thereafter (21.11.2022).

List the matter three weeks after the Puja

Vacation (21.11.2022).

      Ms.          Bhattacharyya        appearing       for     the

appellants/State        says     that    the   respondent/writ

petitioner has filed a contempt application before the

learned Single Judge. Learned advocate for the

respondent/writ petitioner very fairly says that since

this Court will hear out the stay application and the

appeal after the Vacation, he will not take any steps in

the contempt application without leave of this Court.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

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