Sri Gopal Ray vs Ruhidas Debnath & Ors
2023 Latest Caselaw 1712 Cal

Item No.11 of Court No. 1

               IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE
                              HEARD ON: 15.03.2023

                            DELIVERED ON: 15.03.2023

                               CORAM:
              THE HON'BLE MR. JUSTICE T. S. SIVAGNANAM
                                AND
          THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA

                               M.A.T. 134 of 2023
                                       With
                               I.A. No.CAN 1 of 2023

                                Sri Gopal Ray.
                                      Vs.
                            Ruhidas Debnath & Ors.

Appearance:-

Mr. Gautam Narayan Bhattacharjee,
Ms. Shraboni Sarkar                      ....               for the appellant

Mr. Debapriya Samanta                   ...            for the Union of India.

Mr. Suddhasatva Banerjee,
Ms. Ayushi Kundu                  ...    for the respondents / writ petitioners.


                                  JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, J.)

1. This intra-Court appeal is directed against the order dated

13th December, 2022 in WPA No.18171 of 2021. On perusal of the

order, we find that the learned Writ Court had directed the

appropriate respondents to follow the procedure under Section

26(1)(2) of the Control of National Highways (Land and Traffic)

Act, 2002 and also fixed a time limit within which action should

be initiated.

2. It is pointed out by the learned Advocate for the

respondents / writ petitioners that in compliance with the said

direction, the appropriate authority, namely, the Executive

Engineer, National Highways Division) - V, P.W. (Roads)

Directorate had scrupulously followed the procedure under the

relevant enactment and passed an order on 1st March, 2023.

3. In the light of the subsequent development, the order and

direction issued by the learned Single Bench having been already

implemented, the order has worked itself out and the question of

maintaining a challenge to the said order at this juncture is

not permissible.

4. For the above reasons, the appeal fails and is hereby

dismissed.

5. There shall be no order as to costs.

6. Urgent photostat certified copy of this order, if applied

for, be furnished to the parties expeditiously upon compliance

of all legal formalities.

(T.S. SIVAGNANAM, J)

I agree,

(HIRANMAY BHATTACHARYYA, J.)

NAREN/PALLAB(AR.C)