Kishalay Hazra & Others vs The State Of West Bengal & Others
2023 Latest Caselaw 4679 Cal

02.08.2023
Item No.10.
Court No.6.
   AB
                                M.A.T. 550 of 2023
                                       With
                                I A CAN 2 of 2023

                           Kishalay Hazra & Others
                                      Vs
                       The State of West Bengal & Others

                    Mr. Manas Kumar Ghosh,
                    Ms. Susmita Dey (Basu) ...for the Appellants.

                    Mr. Amal Kumar Sen, ld. AGP,
                    Mr. Lal Mohan Basu    ...for the State.

                    Mr. Sadhan Kr. Halder,
                    Mr. A. K. Sarkar .....for the Respondent No.4.

This appeal is directed against a judgment and

order dated January 25, 2023, whereby the writ

petition of the appellants being WPA 603 of 2023 was

dismissed by a learned Single Judge.

Learned Advocate for the appellants in his usual

fairness says that there is no scope for passing any

interim order.

Mr. Sen, learned Advocate appearing for the

State says that the State had no opportunity of filing

any affidavit before the learned Single Judge. Certain

factual averments in the writ petition or the stay

petition filed in the appeal need to be dealt with. He

prays for time to file affidavit-in-opposition.

Let such opposition be filed within three weeks

from date (23.08.2023). Reply thereto, if any, be filed

within a week thereafter (30.08.2023).

We are of the view that instead of having

multiple hearings we should hear out the appeal.

Once the affidavits are complete, the appellants

shall prepare requisite number of informal paper

books containing the papers that were available before

the learned Single Judge as also the pleadings filed

before us.

Let such paper books be filed within four weeks

after expiry of the time to exchange affidavits. All

formalities are dispensed with. Since the respondents

are represented, Notice of Appeal is deemed to have

been waived.

List the matter eight weeks hence on 26.09.2023

under the heading "Hearing" fairly at the top.

CAN 2 of 2023 is, accordingly, disposed of.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)